Reference decision: cc • N° 01-70.122 • 2002-12-04 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The Court of Appeal does not legally justify its decision with regard to the provisions of the law of 16-24 August 1790 when, following the creation by decree of a no-hunting zone in the Cévennes National Park, it upholds the jurisdiction of the expropriation judge to rule on claims by landowners within that zone seeking compensation from the administrative public body of the Cévennes National Park for damage caused by game to forest plantations, pursuant to Article R. 241-59 of the Rural Code which gives jurisdiction to that judge to rule on compensation due by reason of the creation of a no-hunting zone under Article L. 331-3 of the Environmental Code, without ascertaining that the alleged damage was the direct consequence of the creation of the no-hunting zone.
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly respect the legal deadlines for appeals
- Keep all your supporting documents (title deeds, deeds, correspondence)
- Anticipate: preventive advice is always less expensive than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
→ Prendre RDV pour une consultation droit du travail |
→ Browse all our legal articles
