Décision judiciaire de Conseil d'Etat, 27 juin 1973 (cas Conseil d'Etat, 1 / 4 SSR, du 27 juin 1973, 85698)
Date de Résolution | 27 juin 1973 |
Juridiction | Council of State (France) |
Nature | Décision |
RECOURS DU MINISTRE DE L'AGRICULTURE, TENDANT A L'ANNULATION DU JUGEMENT DU 26 NOVEMBRE 1971 PAR LEQUEL LE TRIBUNAL ADMINISTRATIF DE NICE STATUANT SUR LA DEMANDE DES SIEURS X... FERNAND ET AUTRES A ANNULE L'ARRETE DU 3 JUILLET 1969 PAR LEQUEL LE PREFET DU VAR A "ORDONNE LE REMEMBREMENT DE LA PROPRIETE FONCIERE" DANS LA COMMUNE DE BARGEME, ENSEMBLE A L'ANNULATION DE LADITE DECISION ;
VU LE CODE RURAL ; LE CODE GENERAL DES IMPOTS ; L'ORDONNANCE DU 31 JUILLET 1945 ET LE DECRET DU 30 SEPTEMBRE 1953 ;
CONSIDERANT QU'AUX TERMES DES DISPOSITIONS DE L'ARTICLE 19 DU CODE RURAL "LE REMEMBREMENT APPLICABLE AUX PROPRIETES RURALES NON BATIES... A POUR BUT EXCLUSIF D'AMELIORER L'EXPLOITATION AGRICOLE DES BIENS QUI Y SONT SOUMIS" ; QUE, PAR ARRETE, EN DATE DU 3 JUILLET 1969, LE PREFET DU VAR A PRESCRIT LE REMEMBREMENT RURAL DE LA COMMUNE DE BARGEME ; QUE, DANS UNE LETTRE, EN DATE DU 23 AVRIL 1971, CE PREFET A INDIQUE AU MAIRE DE CETTE COMMUNE QUE "C'EST UNIQUEMENT POUR ATTENUER LES INCONVENIENTS" DU CLASSEMENT DU SITE DE BARGEME "QU'IL AVAIT ETE JUGE BON DE REALISER UN REMEMBREMENT DES TERRES DESTINE EN...
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