[DREAL OCCITANIA] EPFL — Local public land establishments

Local public land institutions are set up to address issues of general interest in sustainable development and development. They put in place land strategies to mobilise land and promote sustainable development and the fight against urban sprawl. These strategies contribute to the realisation of housing, including social housing, taking into account the priorities identified by local housing programmes. Within the framework of their powers, they may contribute to the development of economic activities, to the policy of protection against technological and natural risks and, in the alternative, to the preservation of natural and agricultural areas in cooperation with the land and rural development society and other bodies responsible for the preservation of such areas, through conventions. Public land institutions established under this Chapter are local public institutions of an industrial and commercial nature. They shall be competent to carry out, on their behalf, on behalf of their members or any public person, any acquisition of land or immovable property for the purpose of establishing land reserves pursuant to Articles L. 221-1 and L. 221-2 or for carrying out actions or development operations within the meaning of Article L. 300-1. Within the boundaries defined pursuant to Article L. 113-16, they may, in cooperation with the land development and rural establishment company and after informing the municipalities and public inter-municipal cooperation establishments concerned, acquire land necessary for the protection of periurban agricultural and natural areas, where appropriate by exercising, at the request and on behalf of the department, the right of pre-emption provided for in Article L. 215-1 or, outside the pre-emption areas of sensitive natural areas, the right of pre-emption provided for in Article L. 143-2 of the Rural and Maritime Fisheries Code. These establishments shall act in the territory of the municipalities or public institutions of inter-municipal cooperation which are members of it and, exceptionally, may intervene outside that territory for acquisitions necessary for actions or operations carried out within that territory. The exercise of the right of pre-emption, pursuant to the second paragraph of Article L. 210-1, is part of agreements concluded with the State representative in the department. Land and real estate acquisitions and transfers carried out by such establishments on their own account or on behalf of a local authority, a public inter-communal cooperation establishment or a mixed trade union shall be subject to the provisions on the transparency of the real estate transactions of those authorities or establishments. They may exercise, by delegation of their owners, the pre-emption and priority rights defined by this Code in the cases and conditions it provides and act by means of expropriation. They may act within the reserved spaces provided for in Article L. 151-41. They shall manage the abandonment procedures provided for in Articles L. 230-1 to L. 230-6 at the request of their communities. Local public land establishments may support local and regional authorities and their groups with regard to land observation, in particular within the framework of the land observation scheme referred to in Article L. 302-1 of the Construction and Housing Code. Except as provided for in the sixth paragraph of this Article, no operation of the public establishment may be carried out without the favourable opinion of the municipality in whose territory the operation is provided for. Such notice shall be deemed to be given within two months of the date of referral to the municipality.