By deed of September 1, 1987, the municipality of Saint-Martin concluded a deed of sale in the administrative form with Jeanne Beauperthuy, for a plot located Spring cadastralized section AW number 42 with a capacity of 13ha 40a, known as the municipal housing estate of Quartier from Orleans. Jeanne Beauperthuy sold this plot resulting from joint ownership linked to the estate of her late father Pierre Daniel Beauperthuy and his wife Marie Sauveur Desbonnes.
The heirs of this estate felt that they had been harmed by this sale in the sense that the estate being in joint ownership, the co-owners were evicted from the plot and from the resulting profit.
It is in this respect, by appointing an administrator currently known as SELARL BCM et Associés, the co-owners contested this sale and introduced a 1st request for the purpose of seeing the nullity of the inopposability to their regard to the administrative act of September 1, 1987 which was the subject of a judgment rendered by the Court of Appeal of F-DE-France on April 3, 1987 where the purchaser acknowledges having perfect knowledge of the entire litigation process.
Since 2000, legal proceedings have followed to obtain pecuniary compensation for their eviction from the plot located in Spring sold by Jeanne Beauperthuy.
Initially, this repair was estimated at more than 8 million euros then revised to 5.935.095,38 euros constituting a payment in return for the allocation of the cadastral parcel AX42 and the parcels resulting from the division thereof . In addition, the evicted co-owners claimed the sum of 2 million euros in damages for the damage suffered resulting from the loss of use of the plot.
By the effect of the appointment of an expert in this very long legal procedure, at the initial estimate, a revision took place by the effect of a judgment which ordered an expertise - Leoncedis report - bringing back the value of the land at nearly 3 million instead of 5,9 million after taking into account all the development work undertaken by the Collectivity which came to the rights of the municipality, i.e. for an amount evaluated in 2015 at 3.321.929 euros to which s add the price of the land which corresponds to a value of 1.217.266 euros.
There is today a procedure which is pending before the local court of Saint-Martin, and this, notwithstanding the summons dated April 24, 2017 introduced by the administrator without effects under the authority of res judicata. as well as for the judgment of September 9, 2010.
Exhausted by this 23-year-long legal procedure, the administrator representing the Beauperthuy consorts has positioned itself favorably for the amicable settlement of this dispute, the estimated amounts being confirmed by the courts of first instance and of cassation - in addition to the multiple rejections of their appeal – September 1, 22 and November 2016, 18-.
We must also consider the time parameter that the new legal proceedings could take, which would bring us back to 2023-2025.
This protocol now offers a better guarantee at the end of this legal and financial imbroglio and ultimately allows the community not to be worried about the ownership of plot AW42.
Furthermore, this amicable settlement, upon approval by the judge, will allow the hundreds of occupants of the site concerned to be titled by the effect of a regularized sale and not called into question thanks to the reciprocal commitments of the parties to neutralize any way subsequent litigation.
It is under these conditions that the parties each had to accept reciprocal and balanced concessions which they mutually acknowledge and without which they would not have agreed to settle the dispute amicably. The advantages that could result from this amicable agreement justify favoring this path.
Also, during last March, the executive council approved the transactional agreement protocol and authorized the president to sign the transactional protocol established between the Saint-Martin community and SELARL BCM et Associés.
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