Article L2544-3 of the French General Code of Local Authorities
November 7, 2023
The mayor and the municipal council have the power to administer the assets of the commune section and to dispose of them.
The mayor and the municipal council have the power to administer the assets of the commune section and to dispose of them.
Deliberations of the municipal council relating to a section of a commune are enforceable only after approval by the representative of the State in the département, when their purpose is: 1° The collection of the taxes mentioned in 1° of a of Article L. 2331-3 exclusively levied on the section; 2° The amendment of the rules applicable to the enjoyment of the property of the section.
Before any decision by the representative of the State in the département on the deliberations of the municipal council relating to the objects designated in article L. 2544-4, or to the alienation or pledging of real estate or securities belonging to the section, a local commission may be set up to give its opinion on the particular interests of the section. The setting up of a local commission is compulsory…
The local commission is set up by the representative of the State in the department. This determines, in the decision setting up the commission, the number of members of the commission and draws its members by lot from among the electors of the section. The commission appoints its chairman from among its members.
Where a section of a commune is required to act as plaintiff or defendant against the commune of which it forms part or against another section of the same commune either before the judicial courts or before the administrative courts, there shall be instituted in accordance with the provisions of Articles L. 2544-5 and L. 2544-6 a local commission which deliberates on it. The chairman of the local committee conducts…
Members of the municipal council who are interested in the enjoyment of the property and rights claimed by the section are not entitled to take part in municipal council deliberations relating to the dispute. If, by application of this provision, the number of members of the town council entitled to take part in the deliberation is reduced to less than one third of its members, the councillors required to abstain…
The municipal council regulates the method of administration of communal property subject to the following provisions: 1° With regard to communal forests falling under the forestry regime, it adheres to the legal provisions; 2° The sharing of communal property is prohibited.
The municipal council regulates, without prejudice to private rights based on a special title: 1° The method and conditions of use of the commune’s public institutions and establishments; 2° The method of enjoyment of communal property, as well as the use and distribution of its products, including communal forests, and the conditions imposed for such enjoyment and distribution, observing the provisions of the articles L. 2544-12 à L. 2544-16.
Enjoyment of communal property may only be granted on a revocable basis.
Where, according to a former custom, communal property is granted in separate and distinct lots and the number of entitled parties is greater than that of the lots, the admission of a new beneficiary can only take place when a lot has become vacant. If several entitled parties present themselves in the event of a vacancy, the custom decides which of them is admitted to the enjoyment of the vacant…
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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