Section 1: Scope

Leases and deeds of sale are concluded by the president of the departmental council on behalf of the department. Authorisations to occupy or use the departmental public domain are issued by the president of the departmental council.

The competent State authority referred to in Article L. 3213-2 is the departmental director of public finance.

A statement of all properties in the department, whether income-producing or unproductive, is drawn up by the president of the departmental council. A copy is delivered by the president of the departmental council to the department’s accountant. This accountant receives by the same means a copy of all property deeds, annuity titles and other deeds concerning the department’s domain and establishing its rights, as well as registrations of liens and…

The chairman of the departmental council draws up the state of the departmental furniture. Inventories are drawn up for each part of the departmental furniture; they record entries and withdrawals. The president of the departmental council prescribes any necessary recoiling and draws up, if necessary, a statement of objects likely to be reformed.

In the cases provided for in Article L. 3213-2-1, public accountants are discharged from all liability by remitting the funds to the notary who drew up the deed.

When the price of acquisitions of real estate, real property rights or businesses made under the rules of ordinary law by the départements and their public establishments gives rise to reinvestment in real estate, the public accountants remit the funds to the notary who draws up the deed transferring the real estate acquired in reinvestment. The funds are remitted at the request of the seller and on production of a…

When the price of one of the acquisitions mentioned in Article R. 3213-5 gives rise to reinvestment in transferable securities, the public accountants shall remit the funds to the investment service provider other than a portfolio management company designated by the seller, by contract or by judicial authority, to carry out the purchase and apply for registration of the securities acquired in reinvestment. The funds are remitted on production of…

For real estate acquisitions made in administrative form by the départements and their public establishments, a deposit may be paid to the seller, as soon as the periods open for taking registrations with retroactive effect have expired, up to a maximum of three quarters of the difference between the stipulated price and that of the charges and accessories. This deposit is paid after authorisation by the authority empowered to receive…

The price of real estate acquisitions made out of court in accordance with the rules of civil law or after exercising the right of pre-emption on behalf of the départements and their public establishments may be paid to the vendor, after publication of the deed in the real estate register, without the completion of formalities for the purging of registered mortgages when it does not exceed an amount set by…