Can a pre-emption decision of a town hall be annulled?

Yes, the decision to pre-empt may be subject to a cancelation request within a period of 2 months from its notification.

The owner or purchaser who has been evicted may bring an action before the administrative tribunal of a appeal for abuse of power.

Several patterns of cancelation are possible :

• Lack or insufficiency of reasoning, i.e. the decision does not explain or explains little about which project of general interest the pre-emption is exercised
• No real project. The decision to pre-empt cannot be made for a hypothetical or undefined project.
• Absence ofgeneral interest sufficient
• Manifest error of assessment. This is the case if the decision appears disproportionate or inconsistent with the aim pursued.
• Misuse of power. Pre-emption is illegal if it serves a purpose other than that provided for by law (for example, favoring a private developer, settling a personal dispute, blocking the sale).

If the decision is overturned before the sale of the property (apartment, house, land etc.), the owner can sell to the buyer that he wants.

If the decision is overturned after the sale of the property, the town hall must propose as a priority the resale of the property to the purchaser and, if the purchaser refuses, to the original owner.