Meeting in plenary session on Tuesday, April 30, the members of the territorial council debated at length on the two deliberations on the agenda, namely the statutory and urban right of pre-emption.
But what is this right of pre-emption for which the Community of Saint-Martin is fighting so hard? This is a right which allows the COM to act as purchaser in place of the buyer in the context of a sale (real estate, land, etc.). In areas to be pre-empted, the seller of a property has the obligation to present it first to the Community, with the aim of promoting urban development. This April 30, 2024, the territorial council of Saint-Martin voted in favor of the institution of the statutory and urban right of pre-emption. The first concerns inter vivos transfers of land properties in the territory whose owners must first declare the sale to the COM which will decide whether or not to exercise its right of pre-emption within two months. The declarant will have the same deadline to accept the offer made by the COM, whether the price is equal to his offer or different. If it refuses, the COM reserves the right to refer the matter to the competent court in matters of expropriation within 15 days. Are not concerned by this measure which strengthens the arsenal of the Community with the objective of "reestablishing order where disorder seems to prevail and improving social cohesion" (words by President Mussington): people justifying 'a tax residence of 5 years in Saint-Martin or linked to a tax resident by marriage, civil partnership or cohabitation for the same duration. Due to the deadlines to be respected, it will be up to the executive council to process pre-emption files, even if this right belongs to the territorial council. During the debates, the ranks of the opposition asked for a broader discussion on the issue: “When we are on such sensitive subjects, we hold a public consultation (…). There is a lack of seriousness about how to do things,” declared Daniel Gibbs. Territorial councilor Alain Gros-Desormaux questioned the majority on the procedure for returning the land acquired to young Saint-Martin residents: “Tomorrow we will have to define a policy, together”. For the 1st vice-president Alain Richardson, it is about defending 'the greater good', by making the most judicious choice to preserve the land and the collective of Saint-Martin residents. Concerning the second deliberation which aims to increase housing capacity and establish a heritage strategy, the institution of the urban right of pre-emption obtained, as for the first deliberation, 1 votes in favor. The opposition did not participate in the votes, choosing to leave the territorial council room at the end of the first debates in order to show their disagreement with the method which they consider precipitous. _VX
BEAUPERTHUY ESTATE
These two extraordinary deliberations are, unsurprisingly, linked to the file on the Beauperthuy succession which returned to the heart of the debates through the words of Louis Mussington: "It is (these deliberations editor's note) necessary (...), which is in progress to be done through this auction further complicates this land disorder. We have the moral and political right to react quickly to preserve our heritage and safeguard the interests of future generations, we act with a sense of responsibility and duty.” This approach is not the right one according to Jules Charville, leader of Generation Hope, who regrets that the president of the COM did not respect the deadlines to submit a buyout offer to the judicial administrator in charge of the file: “ We are here because the auction is approaching, the president should be at the negotiating table with the prefect (who was to meet the judicial administrator on April 30 in Paris as a mediator commissioned by the Minister Delegate for Overseas editor’s note), not here to debate that.” The potential repurchase of the three plots by Terres Caraibes, Établissement Public Foncier Guadeloupe – Saint-Martin was also contested by the opposition. Remarks taken into account by the president of the COM. Concluding the debates, Alain Richardson added: “For some there is haste, but it is never too early or too late to do what is necessary. With these tools, the territory will be able to better exercise this right (of pre-emption, editor's note) even if the Community assures that it will not exercise it systematically.
https://faxinfo.fr/en/politique-droit-de-preemption-debats-mouvementes-au-conseil-territorial/
