Le Journal
IN PETITE ANSE, THE ENTRANCE TO THE PATH TO COLOMBIER WAS BARRED
by T.F.
12/13/2024
Since Friday morning, the entrance to the private road that leads to Colombier beach, in Petite Anse in the Flamands district, is no longer accessible. A barrier was installed across the road by one of the owners, Laurent Gréaux (nothing to do with that of the Rockefeller domain, therefore), just before the rock that precedes the indicator signs. On the three large signs fixed on concrete pedestals, it is written: "Private property, entry defense without the owner's authorization" and "Green zone". Each time in French and English.
Contacted by the JSB, the director of the Territorial Environment Agency, Sébastien Gréaux, specifies that the ATE is not at the origin of the installation of this barrier. "It was not the ATE that closed it," says the director, who specifies: "The owner filed a prior application to be able to fence a plot located a little further away because he wanted to prevent ravaging animals from passing through it. The ATE has given its agreement but on the condition that it leaves a space for people to pass. "
On June 24, the owner of one of the plots (Laurent Gréaux, therefore) submitted a request to the Community to close his land. A request that was then considered by the elected members of the Executive Council. The opinion given by the ATE having been favorable, Maxime Desouches, Bettina Cointre (absent during the CE but having given power of attorney to Maxime Desouches), and Marie-Hélène Bernier voted for. Romaric Magras and Alexandra abstained while President Xavier Lédée spoke out against obtaining this work authorization. Marie-Angèle Aubin had not taken part in the vote, says Xavier Lédée. The executive council therefore issued an authorization to the owner, which was made enforceable on July 30.
Reached by phone, the president of the Community, Xavier Lédée, recalls that difficulties have occasionally occurred "for years" regarding the use of the road. "The owners threaten to close at the discretion of the ongoing files with the Community," notes the elected official, who confirms that he voted against the owner's request "even if it means going into procedure". a landlord he has already contacted. "I am making sure that he respects what is written in the prior application," says Xavier Lédée. I imagine that he finds that the procedure is not moving fast enough." In fact, the land having been put up for sale, in particular with the Community, says the president, evaluations by France Domaine are currently underway, again according to Xavier Lédée.
For the record, the right to close is covered by the Civil Code. The owner having obtained the authorization of the Community to do so, respecting the recommendations of the prior request, he has every legitimacy to bar access to his land. For the Community, two solutions are then possible: request and obtain an authorization of passage from the owner or request the same request for right of way from the court. In all cases, the owner is at home and can act as he sees fit, in accordance with the law. Contacted by phone, the owner who closed the entrance to the trail in the morning did not wish to express himself immediately.
Anyway, for the moment, access to the path is barred. People who wish to go to Colombier beach can therefore no longer take the path that starts from Petite Anse but must go through the heights of Colombier.
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• Through an online publication, this Friday shortly after 2 p.m., the Local Authority disseminated the following message:
"A strong concern was expressed today following the obstruction of the road allowing access to Colombier beach. This initiative, undertaken by the owner of the plot concerned, which remains, let us remember, private property, has raised many questions and reactions among residents and visitors.
Faced with this situation, the community wanted to recall that it is closely following this file. It is currently waiting for the official opinion of France Domaine, the body responsible for assessing the value of the plot offered for sale. This step is an essential prerequisite for considering future actions, in particular with a view to ensuring secure and sustainable access, while respecting property rights.
President Xavier LEDEE contacted the owner to find the best solution for all parties, taking into account both the collective interest and private rights."
• Also through an online publication, the first vice-president of the Community, Marie-Hélène Bernier, wrote:
"The owner has filed a declaration of work to fence his private land (all paths are private on the island).
He obtained authorization to fence his land during the CE (Executive Council). I voted for because the owner has rights and nothing prevents this owner from fencing his land. In the event of an accident, he is responsible. On the other hand, it had been mentioned that the community anticipates another access to the bottom. The owner also made a purchase offer to the community and did not receive a response. It would have been useful for the community to contact or at least respond to this gentleman.
In any case, things will quickly unravel and the answers will be mandatory given the extent it takes."