Key Benefits:
The Prime Minister,
On the report of the Minister of Agriculture and Fisheries,
Given the Civil Code;
Given the Rural Code, and in particular Articles L. 143-1 and The following and R. 143-1 et seq;
Given the code of town planning;
In the light of the decree of 15 January 1997 authorising for a period of five years the Société Breton Development and Rural Development Corporation to exercise the right of preemption and to Benefit from the friendly offer before invitation to tender;
Given the proposals of the prefects of the departments of Côtes-d ' Armor, Finistère, Ille-et-Vilaine and Morbihan,
Décrète:
Land and Rural Development Corporation approved by Interdepartmental Order of April 6 1962 is authorized, for a further period of five years beginning on the expiry of the authorisation granted by the aforementioned decree of 15 January 1997, to exercise the right of preemption in the departments of Côtes-d ' Armor, of the Finistère, Ille-et-Vilaine and Morbihan, excluding:
-urban areas such as these areas are included in urban planning documents;
-concerted planning areas.
In Deferred Development Zones and The temporary perimeters of deferred development zones as well as in the areas of future urbanisation, the Société Breton Development and Rural Development Corporation will be able to exercise its right of preemption only if the right of preemption provided for in the Articles L. 211-1 or L. 212-2 of the Town Planning Code has not been exercised by its holder.
Minimum area To which the right of preemption of the Société bretonne d' aménagement tenure et d' resettlement rural is likely to apply in the departments of Côtes-d ' Armor, Finistère, Ille-et-Vilaine and Morbihan is set at ten ares
Threshold is reduced to zero:
-in plots classified as agricultural zone (A) urban planning documents;
-in the current land use cases defined at 1 °, 2 °, 5 ° and 6 ° of the third paragraph of Article L. 121-1 of the Rural Code, Between the dates fixed by the prefectural orders ordering the opening and closing of operations, and in the case of parcels enclosed within the meaning of Article 682 of the Civil Code.
The Société bretonne d' aménagement tenure et d' resettlement rural is authorized to benefit from the provisions of Article L. 143-12 of the Rural Code laying down conditions under which Owners who wish to sell by voluntary auction of property that can be preempted by a specified land and rural development company are required to offer them prior, amicably, two months to the Less prior to the scheduled auction date, within the zones described in item 1 above.
Les Article 3 shall apply to voluntary auctions of funds of an area equal to or greater than the minimum area laid down in Article 2.
The Minister of Agriculture and Fisheries is responsible for the execution of this Decree, which will be published in the Official Journal of the French Republic.
Done at Paris, January 9, 2002.
Lionel Jospin
By the Prime Minister:
The Minister of Agriculture and Fishing,
Jean Glavany
