Par Editorial Seine-Saint-Denis
Published on 23 Oct 23 at 7:16 See my news Follow News Paris The case, which dates back to 2018, found a favorable outcome for a family from Seine-Saint-Denis. (©illustrationAdobe Stock)
The Board of state disavowed the community of communes of Saint-Denis (Seine-Saint-Denis), by confirming the judgment of the Paris administrative court of appeal which had ordered to pay 40,000 euros to the owners of an apartment harmed by its pre-emption aborted their “real estate complex” in 2018.
The sale should have brought in 200,000 euros
In this case, real estate agent XX, his ex-wife and their son had, initially, considered selling “an apartment and three cellars” to a couple for 200,000 euros, through their real estate company. (SCI).
But, on July 4, 2018, Common Plain had exercised its “urban right of pre-emption” for 140,000 euros, and the SCI had therefore had to “renounce the first planned transfer”. The fact remains that, subsequently, the Territorial Public Establishment (EPT) itself had “renounced the pursuit of pre-emption” and the sale was finally concluded in favor of the first buyers… for 160,000 euros.
The sellers had therefore turned against Plaine Commune to be compensated for the difference : the EPT had initially justified its pre-emption by “the objective (…) of having a stock of relay housing to rehouse tenants whose housing is the subject of operations (…) within the framework of (… ) urban renewal”.
The nature of the planned operation not determined
The Paris Administrative Court of Appeal ruled, in its judgment of April 14, 2022, that this decision by Plaine Commune “is limited to referring (…) to the guidelines” of the local community housing program (PLH). Her “general considerations” did not make it possible to “determine the nature of the operation that the establishment intended to carry out”, according to her.
However, to “legally” exercise their right of pre-emption, local authorities “must (…) justify (…) the reality of a proposed action or development operation (…), on the date on which they exercise it,” provides the Town Planning Code.
“The court did not distort the facts of the case and, by deducing the existence of a direct causal link between the damage invoked by the SCI and the illegality of the pre-emption, it did not inaccurately characterize them », considers the Council of State in a judgment dated July 6, 2023which has just been made public.
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Compensation for the real estate agent, his ex-wife and their son is now definitively acquired.
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