Section 2: Modifications

Changes to the territorial boundaries of communes and the transfer of their chief towns are decided after a public enquiry, carried out in accordance with the code of relations between the public and the administration, in the communes concerned on the project itself and its conditions. The representative of the State in the department prescribes this public enquiry, carried out in accordance with the code of relations between the public…

If the project concerns the detachment of a section of a commune or a portion of the territory of a commune, either to attach it to another commune or to erect it as a separate commune, a decree by the State representative in the département establishes, for this section or portion of territory, a commission that gives its opinion on the project. The number of members of the commission is…

After completion of the formalities provided for in articles L. 2112-2 and L. 2112-3, municipal councils must give their opinion.

Subject to the provisions of articles L. 3112-1 and L. 3112-2 concerning the boundaries of the départements, decisions relating to the modification of the territorial boundaries of the communes and the fixing or transfer of chief towns resulting or not from this modification are pronounced by order of the representative of the State in the département. However, a decree in the Council of State, on the proposal of the Minister…

In the event that a portion of a commune is erected as a separate commune, the new commune automatically becomes a member of the public establishments for inter-communal cooperation to which the commune from which it has been detached belonged, unless other establishments are designated in the decree provided for in Article L. 2112-5. The new municipality’s participation in these establishments is governed by the provisions of the present code….

Any proposed change to the territorial boundaries of the communes is submitted to the departmental council for its opinion, which is given within six weeks of the referral. On expiry of this period, its opinion is deemed to have been given.

The movable and immovable property belonging to the commune located, on the date of publication of the decree or order provided for in article L. 2112-5, on the portion of territory being joined to another commune or those belonging to a commune joined to another commune become the property of that other commune. If they are located on a portion of territory erected as a separate commune, they become the…

The acts pronouncing the modification of the territorial boundaries of the communes determine all the conditions thereof other than those provided for in article L. 2112-7. When the required act is a decree, it may decide that some of these conditions are determined by an order of the representative of the State in the department. The representative of the State in the department may take any transitional measures by decree…

Where a portion of the territory of one commune is attached to another commune, the authority empowered to take this measure may decide that the municipal councils shall continue in office.

When a portion of the territory of a commune is erected as a separate commune, the municipal council is dissolved ipso jure. New elections are held immediately unless the change occurs within three months prior to the general renewal of the municipal councils. Until the installation of the new municipal assemblies, the interests of each commune are managed by a special delegation which is appointed by the authority empowered to…