The deliberation of the dispute between the senator of Hautes-Alpes, Jean-Michel Arnaud, and the mayor of Lettret, Rémy Oddou, was postponed until February 4, 2025.
The case judged this Tuesday, December 10 at the Gap court concerns a shed which has belonged to the family of Jean-Michel Arnaud since 1888. The municipality of Lettret considers that it is in the public domain. The deliberation of the dispute was postponed until February 4, 2025.
“It is important that we can access this discount”
The aging garage door is located on the edge of departmental road 942. Its location, just below rue de l'Église, is at the center of the dispute between Jean-Michel Arnaud and Rémy Oddou.
It is for this reason that the municipality considers that the shed depends on the public domain, especially since it does not appear in the land register.
Jean-Michel Arnaud's lawyer, Maître Nicolas Wierzbinski, responded during the hearing that the land register had been established at a time when it only took into account taxable property, which was not the case for the remission. .
Questioned outside the Gap court, Rémy Oddou considers that the issue for Lettret is access to the surrender.
“Given that it is part of the public domain, the municipality must be able to have access to the shed. There is indeed an issue, because there is an arch which supports the road. It is therefore important that we can access this shed “.
No need to access the shed to use the roads according to the defense
Contacted by the editorial staff of BFM Dici, Maître Wierzbinski disputes the complainant's arguments. He recalls that the pipeline falls under the jurisdiction of the Community of Communes and not the municipality.
“There is a question that may arise: should all the pipes circulating on French territory be attached to the public domain? Obviously not,” he told BFM DICI.
“There are a number of pipes which pass through private property and therefore the owner's only obligation is to provide access for maintenance or repair of the pipe, which is not the case here,” he added.
For the defense, the shed cannot therefore depend on the public domain, because there is no need to access the shed to use the roads. The ball is in the center, we will have to wait until February 4 to know the decision.
