Alsace-Moselle: communal hunting compatible with human rights

Imagine a landowner in Le Pont-de-Claix who discovers one fine morning that the municipality has leased the hunting rights on his land without asking him. You thought the hunting right belonged to you? In Alsace-Moselle, the answer is more nuanced. Since 1919, a system inherited from German law allows municipalities to group together land and lease the hunting rights globally. But this system has been challenged in the courts in the name of the European Convention on Human Rights (ECHR).

The question was simple: does this system infringe the right to property guaranteed by Article 1 of Protocol No. 1 to the ECHR? The Court of Cassation, in a judgment of 25 September 2002, answered in the negative. How did the judges justify this position? An analysis of a decision that concerns every landowner in Alsace-Moselle, but also, by extension, any citizen wondering about the balance between the general interest and individual rights.

For beyond hunting, this raises the question of the regulation of the use of property. The Court of Cassation held that the local system offers sufficient counterbalances: hunting rents are paid to the landowners, and they can avoid the lease by fencing their property. A decision worth knowing, especially if you are considering buying land in this region.

The facts: a story like many others

The case began in Strasbourg, where the Bas-Rhin Departmental Hunting Federation sued the municipality of Strasbourg to compel it to lease the hunting on certain plots within its municipal territory. Under Alsatian-Moselle local law, hunting on unfenced land is pooled by the municipality, which then leases it by auction. Landowners, like Mr. Schmitt (a fictional name), owner of a 5-hectare wood, are forced into this system without any possibility of individual refusal.

Mr. Schmitt considered that this obligation violated his right to property as protected by the ECHR. He therefore brought the case before the Tribunal de Grande Instance, then the Court of Appeal, and finally the Court of Cassation. The hunting federation, for its part, argued that the municipality had a legal obligation to lease all the land, and that the municipality's refusal to proceed with the auction was unlawful.

The litigation bounced back and forth: after an initial judgment in favour of the municipality, the Colmar Court of Appeal ruled in favour of the hunters. The municipality of Strasbourg then appealed to the Court of Cassation. The high court ultimately upheld the appeal judgment, validating the system while recalling its safeguards. A judicial saga spanning several years that illustrates the complexity of local law.

The reasoning of the court — analysed

The Court of Cassation examined the system in the light of Article 1 of Protocol No. 1 to the ECHR, which protects the right to property. This article allows the State to regulate the use of property in the general interest, provided that the regulation is proportionate. The issue was therefore whether the Alsatian-Moselle communal hunting system was proportionate.

The judges noted several key elements. First, the hunting rents collected by the municipality are paid to the landowners. Thus, the landowner does not lose the economic value of his hunting right: he receives its fruit. Second, the municipality can only retain these rents by a decision taken by a qualified majority of the landowners. Finally, and crucially, the landowner can avoid the lease by fencing his property. The fence must be sufficient to prevent game from passing, but it is a real possibility.

The Court therefore concluded that there was a counterbalance to the legal mandate conferred on the municipalities. The regulation was proportionate to the aim pursued (game management and prevention of damage by game). This reasoning is in line with the settled case law of the European Court of Human Rights, which admits limitations on the right to property provided they are justified and compensated. Here, the financial compensation and the possibility of opting out of the system are sufficient.

What this changes for you — concretely

If you are a landowner of unfenced land in Alsace-Moselle, you should know that your hunting right is managed by the municipality. You will receive a share of the hunting rents, calculated according to the area of your land. For example, a landowner of 10 hectares in Voiron (where ordinary law applies) would have an individual hunting right, but in Bas-Rhin, he would be part of the communal system. Knowing this difference is crucial when buying.

If the municipality does not pay you the rents, you can challenge it. Demand a precise statement and, if necessary, apply to the administrative court (since the dispute falls within the jurisdiction of the administrative judge). Warning: the limitation period for unpaid rents is 5 years. Moreover, if you wish to hunt yourself on your land, you must fence it. The fence must be at least 1.20 metres high, without any possibility for game to pass through. An investment that can cost several thousand euros for a large plot, but it makes you master of your hunting right.

For lessees (hunters), this system is advantageous because it guarantees access to large territories. But you must pay the rents to the municipality, not directly to the landowners. In the event of a dispute over the amount or conditions, contact the municipality.

Four tips to avoid this type of dispute

• Check the status of your land: Before buying land in Alsace-Moselle, ask about the local hunting regime. Consult the land registry and the town hall to see if your plot is included in a communal hunting territory.
• Consider fencing: If you want to keep your personal hunting right, fence your property. Do it from the time of purchase to avoid later challenges. Make sure the fence complies with local standards.
• Attend landowner meetings: The municipality must convene landowners to decide on the allocation of hunting rents. Be present and vote. Your voice counts, especially if you represent a significant area.
• Consult a specialised lawyer: In case of conflict with the municipality or with hunters, do not wait. A lawyer familiar with local law (such as Maître Zakine, who practises throughout France) can advise you on your rights and available remedies.

Further reading: related case law and developments

This decision of the Court of Cassation is part of a broader debate on the compatibility of compulsory hunting systems with the European Convention. The judgment Chassagnou and Others v. France (1999), handed down by the ECHR, condemned the French hunting system in the non-Alsatian-Moselle departments, because it obliged landowners to transfer their hunting rights to associations without compensation. The major difference is that in Alsace-Moselle, landowners receive financial compensation and can opt out.

Since 2002, the Court of Cassation has confirmed this solution several times. In particular, in a judgment of 26 March 2001 (already), it had laid down the principle. The trend is therefore towards validating the local system. For the future, it is unlikely that the ECHR will reverse its position, as it admits proportionate limitations. However, landowners must remain vigilant: if rents are not paid or if fencing becomes impossible, a new challenge could be considered.

Summary and next steps

1. Are you concerned by the communal system? Any landowner of unfenced land in Alsace-Moselle is automatically included. Check your situation with the town hall.
2. What are your rights? You are entitled to a share of the hunting rents, and you can opt out of the system by fencing your land.
3. What if the municipality does not pay you the rents? Claim in writing, then apply to the administrative court if necessary. The limitation period is 5 years.
4. Can I hunt on my land? Yes, if you have fenced it. Otherwise, you must respect the communal hunting right.
5. Must a buyer be informed? Yes, this is essential information during a sale. The notary must mention the hunting regime in the deed.

In a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often more. Book an appointment →