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Attention JACQUES CHIRAC, Président of France
Mr President
I am personnaly concerned by destruction of french hedgerows,
by deforestation, by intensive agriculture which affect climats
(Butterfly effect).
I am also concerned about the french victims of the abuses due
to the application of that law
I hereby requests
the abrogation of all legislative dispositions concerning the
regrouping of lands, known as 'remembrement' given that the said
law was created to regroup rural lands in an authoritarian manner.
This authoritarian
manner of regrouping rural lands, known as 'remembrement' goes
back to 1941 ! Given the results of such dispositions, and in
the light of the evolution of society and agriculture in general,
of your desire for sustainable development in particular, it is
necessary to question the usefulness of maintaining this restrictive,
expensive law with its extremely negative side-effects.
Among other
reasons :
The desire for maximum agricultural yield has led to overproduction
which is difficult and expensive to manage in terms of distribution.
The balance of nature has been partially destroyed, namely through
the destruction of the small dams that are the embankments "
talus " which diminishes biodiversity, flora and fauna, and
favors, flash floods, droughts, loss of humus, water pollution.
The need for
concertation, respect for Human Rights, sustainability make unbearable
the maintenance of arbitrary and authoritative legislative dispositions
that ignore legitimate concerns, creating a great number of lawsuits
in administrative juridictions without bringing satisfaction to
the litigants.
These regional land developments act in favour of larger farms,
thereby hindering the development of small ones. This contributes
to the decline of small rural communities, and contradicts new
trends in national development. Currently, the small number of
farmers makes this procedure unjustified and counterproductive.
Reasons to
requests the abrogation of all legislative dispositions concerning
the regrouping of lands, known as 'remembrement' given that the
said law was created to regroup rural lands in an authoritarian
manner.
This was in
response to the desire at the time to increase agricultural yields.
To achieve this end exchanges were set up creating large individual
parcels of land thereby enabling intensive farming as well as
the re-exploitation of lands left fallow and those that were either
not being farmed or were under-farmed. Given the results of such
dispositions, along with the consequences, and in the light of
the evolution of society and agriculture in general, it is necessary
to question the usefulness of maintaining this restrictive, expensive
law with its extremely negative side-effects, for the following
reasons :
1) The desire
for maximum agricultural yield has led to overproduction which
is difficult and expensive to manage in terms of distribution.
Thus the European Union is now under an obligation to take measures
to reduce production and restore production levels to meet the
more balanced needs of the modern world. For this reason the entire
logic of 'remembrement' now appears flawed.
2) Environmental problems have taken centre stage in recent years
and justify questioning and challenging procedures that do not
take sufficiently into account the protection of nature. We must
recognize that the effects of regrouping parcels of land have
not been satisfactory. The balance of nature has been partially
destroyed, namely through the destruction of the small dams that
are the embankments, creating modification in drainage causing
the drying out of wetlands. Embankments or talus were patiently
constructed over centuries ; their disappearance, amongst other
things, diminishes biodiversity, destroys the natural habitat
of invaluable flora and fauna, as well as the protection of free-range
farm animals. Numerous undesirable incidents have been observed
after land regrouping (deforestation, flooding, loss of humus,
water pollution).
3) Public opinion has recently focused on the need for concertation
and the respect for Human Rights (principles of equality, precaution
and property rights) and recognition of the right to self determination,
self sufficiency and sustainability . It is now possible to question
and challenge the maintenance of arbitrary and authoritative legislative
dispositions that ignore legitimate concerns of environmental
activists, of property owners, as well as of farmers who disagree
with the final decisions of a remembrement. A great number of
lawsuits currently tie up administrative courts, administrative
court of appeals, the French conseil d'Etat, and bring no satisfaction
to the litigants.
4) These regional land developments act in favour of larger farms,
thereby hindering the development of small ones. This contributes
to the decline of small rural communities, and contradicts new
trends in national development which are seeking to repopulate
the countryside. Currently, the small number of farmers makes
this procedure unjustified and counterproductive.
5) During the last sixty years, numerous legislative attempts
have been made to counteract the negative results of regrouping
land. To no avail. The iniquities inherent in the system prevail.
They create social fractures, heighten distrust towards politicians,
judicial representatives as well as towards the judicial and administrative
systems as a whole. (Especially as certain public servants legally
receive percentage commissions on the gross turnover generated
by engineering operations linked to land regroupment as they fall
under the title of public works). Moreover, the current trend
is towards the clarification of law, in order to make it more
accessible to both the layman and judges. A simplification of
the French code and of these procedures is necessary.
6) The elimination of current law relating to land regroupment
will not create a legal vacuum inasmuch as classic French judicial
procedures exist if need be. These procedures offer the advantage
of being better accepted by public opinion since they take greater
account of ownership rights. Regarding the need to facilitate
the simple exchange of land, such arrangements can take place
amicably without the need for constraining procedures.