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National forest (France)


A national forest (forêt domaniale in French) in France, is a forest that is owned by the French state. This status originates with the of 1566. French national forests are managed by the National Board of Forestry (NFB) under the national forestry law, the successor of ordinances and regulations that have taken place since the time of Charlemagne "at the discretion of political, economic and demographic context of France, making the first state-owned natural forest areas whose management is rigorously controlled".

National forests have existed in some form since ancient times: in fact state ownership is a legal system distinct from inheritance and private property that dates back to the (1566).

Thus, a number of royal forests are the "property" of the state, which has delegated the management of the Ministry of Agriculture who has himself told NFB and sometimes about national parks.

This "heritage of the nation" is legally different from ordinary property: the state holds or the usus, which amounts to the public or the fructus that does not exist (translated)

or the abusus, the public domain is inalienable.

Prior to 2006, Article L. 62 in French national code stated:

The State-owned forestry and wood can not be alienated by virtue of a law. However, it may be conducted in the ordinary form, the sale of State-owned timber holding less than 150 hectares that could not bear the costs of care and are not necessary to ensure the rivers, streams and rivers are separated and at a distance of at least one kilometer from other woods and forests of great extent. (Translated)

This article therefore specified that forests can be sold by or ) ("ordinary form"), of woods of less than 150 hectare, at least 1 kilometre (0.62 mi) from other large forests.

In 2006, an ordonnance which codifies the legislative part of the ; former Article L. 62 was renumbered Article L. 3211-5 of the CGPPP. But the renumbering was accompanied by a significant change.

The new Article L. 3211-5 provides:

The woods and forests of the State can not be alienated by virtue of a law. Notwithstanding the first paragraph, the State may, in the conditions specified by order in Council of State proceed with the sale of woods and forests that meet the following conditions: 1st: Be a capacity of less than 150 hectares; 2nd: Not to be necessary and to the maintenance and protection of mountain land, or to stabilize the water system and the protection of water quality, or to the ecological balance of a region or the well being of the population; 3rd: And whose revenues do not cover their management operating expenses. Notwithstanding the first paragraph, woods and forests of the state included in the scope of declaration of public utility are assigned in accordance with the last paragraph of Article L. 12-4 of code of expropriation for public utility under the conditions specified by Order in Council of State. (Translated)


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