CASE COMMENTS: PUBLIC ACTIONS – FRANCE – FRENCH CONSTITUTIONNAL COUNCIL – ENTREPRENEURIAL FREEDOM – PRE-EMPTION RIGHT – PROPERTY RIGHT

Pre-emption right: The French Constitutional Council partially invalidates a law implementing a pre-emptive right vested in the “SAFER” (Law on fight against pre-emption of agricultural land and biocontrol development)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The decision concerns the scope of the missions belonging to land development and rural settlement companies (SAFER). The objective of these companies is to regulate the rural land market. This historic mission has gradually been supplemented by a mission to preserve the environment. These missions are provided for in Article L. 143-1 et seq. of the Rural and Maritime Fisheries Code (CPMR). In order to carry out this mission, Article L. 143-1 provides that the SAFERs may exercise a right of pre-emption in the event that an agricultural property is sold. The scope of the right of pre-emption available to the SAFERs has been continuously extended.

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  • University Paris II Panthéon‑Assas

Quotation

Jeremy Martinez, Pre-emption right: The French Constitutional Council partially invalidates a law implementing a pre-emptive right vested in the “SAFER” (Law on fight against pre-emption of agricultural land and biocontrol development), 16 March 2017, Concurrences N° 4-2017, Art. N° 85137, pp. 181-182

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