This small village in Indre cannot arrange the exit from its village as it wishes

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The Council of State has just rejected the appeal of the municipality of Bommiers (Internal).

It must be said that the latter wanted to have the order of the judge of the administrative court of Limoges (Haute-Vienne) having stopped the June 26, 2024 to his “project of development » of agricultural land.

A farmer suspends the pre-emption of the municipal council

A farmer had indeed succeeded in suspend pre-emption that the municipal council had exercised in January 2024 on a plot that he exploited at the exit of the villagenear the cemetery, and which he had considered purchasing from its owner.

A sales agreement was signed between the two parties on November 24, 2023 but the community had intervened between the two and had exercised its right of priority by purchasing it for “ 5.298 euros« .

An urban planning policy

“The municipality justifies the pre-emption (…) by its urban planning policy who contributed to theincrease in its population for thirty years”, summarized the summary judge of the Limoges administrative court in the contested order of June 26, 2024.

The circumstance that the plot is “accessible via the Grande Rue” and that it is “surrounded by communal plots and a rural road” had also been invoked by local elected officials: this would “allow the creation of three lots of approximately 900 m²« .

A redevelopment of the heart of the village and its bypass

It appears from the development audit carried out in 2010 by an architect on behalf of the municipality (…) that the said municipality wishes to redevelop its (…) heart of the village, and in particular initiate a project to bypass the town and the cemetery.

But “this audit only (…) refers to housing for buildings belonging to the municipality and close to the church,” noted the judge. “The nature of the project defined in the pre-emption decision therefore does not match this audit. »

“The community does not warrant further studies or programs for the creation of three lots of approximately 900 m²”, concluded the summary judge of the Limoges administrative court. Lack of prove the existence of a previous “development project” to the disputed pre-emption, the decision of the Bommiers municipal council was therefore suspended.

“The municipality is committed to the revitalization of the town center”

“Since 2008-2010, the municipality has focused on the revitalization and development of the town center“, however, the town hall lawyer was alarmed. The “creation of a road network”, the “rehabilitation and creation of building land” and “various developments” such as “green spaces” and “parking spaces” were thus in the cards.

The configuration of the plot development project is at the heart of the project: it must allow the creation of a connection between rue du Fournil and Grande Rue.

The creation of “secure, outside the bend” parking spaces and the “maintaining the attractiveness” of this village of 312 inhabitants du Boischaut Sud were also invoked.

Under these conditions, the small village had filed an appeal before the Council of Statethe highest French administrative court.

In the eyes of the commune, the Limougeaud judge had “ distorted the documents in the file » by estimating that “ the general interest » of his project was “not likely to reverse the emergency” invoked by the evicted farmer.

But “it is obvious that none of these means is likely to allow the appeal to be admitted”, retorts the Council of State in an order of October 15, 2024 which has just been made public.

ED (PressPepper for Orléans news)

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