Monday, November 15, the city council unanimously adopted the installation of a commercial pre-emption right for the City. The reason ? For the majority of the left, there is “urgency” to “safeguard the diversity of the local commercial fabric”.
In order to respect this objective, the council has delegated to the mayor, and not to the municipal council, “the exercise and the delegation of this right of preemption in accordance with the provisions of article L2122-22 (21 °) of the General Code of Local Authorities, taking into account, in particular, the time limits specific to these procedures ”.
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“Transparency”
Led by the former mayor, Laurent Hénart, the municipal opposition (Nancy positive) is worried about the management of this new commercial pre-emption right held by the mayor. For the elected official and his sidekick, Michel Fick, “the absolute delegation of the right of pre-emption marks a strong and symbolic relinquishment of the municipal council in favor of the mayor, and leads to a regrettable lack of transparency”.
For the opposition, which voted against this delegation device during the assembly, land is a “first-rate” affair. “According to the town planning code, the mayor can delegate this right to a third party, to a private person, a semi-public company (SEM) for example … However, it seems essential that the municipal council be systematically called upon to decide by a vote on land acquisitions made by the community. The devil is therefore nestled in the details, ”said Laurent Hénart on the phone this Tuesday, November 16.
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“Elected to act”
For Mathieu Klein, joined this Wednesday, November 17, “there is no question of delegating the right of pre-emption to an SEM …” How does the mayor intend to proceed? “Things are going to be done clearly. This right allows the city to buy and transfer a lease or a business. When a merchant, concerned by the safeguard perimeter, wants to sell, he must complete a declaration of intention to sell (DIA). This DIA must be sent to the town hall. How are we going to do that? The DIA will be, upon receipt, instructed by the city services, then validated by the deputy concerned. The City only has two months to review an IAD. “
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Why not go through the city council? Mathieu Klein: “The deadline for validating a DIA is not always in line with the pace of municipal councils. We were elected to act, not to watch the problems unfold. The opposition is in a political posture. When she was in power, she could have intervened to avoid certain things… ”
