The Resurgence of Public Utility Declarations (DUP)

A recently unveiled bill concerning Mayotte has ignited considerable discussion, primarily due to its provisions regarding land acquisition for infrastructure development. Article 20 of the bill proposes streamlining the use of the Declaration of Public Utility (DUP) to facilitate land access for projects deemed essential to the island’s progress. This mechanism, initially considered within emergency legislation but later removed, is now being reintroduced, drawing parallels to articles L. 522-1 to L. 522-4 of the expropriation code.

The DUP process, as outlined in the bill, allows for expropriation with compensation when projects of public interest, such as transportation networks or essential utilities, face delays due to difficulties in acquiring land. In exceptional cases, a decree approved by the Council of State can authorize immediate possession of land deemed vital for nationally significant operations, a designation explicitly mentioned within the bill.

Unlocking Development: Infrastructure and Public Services

The core objective of this procedure is to enable the public establishment created under the emergency law for Mayotte to proceed with crucial projects. These projects encompass vital infrastructure for development, improved accessibility, and the efficient operation of public services, including construction initiatives. The reintroduction of the DUP highlights the persistent challenges in securing land for development in Mayotte.

Complex Land Ownership: A Barrier to Progress

Mayotte faces significant hurdles related to land ownership,often compared to the complexities of unresolved estate joint ownership seen in Corsica. The Land Emergency Commission (CUF) was established to address these issues, which frequently involve multiple heirs owning the same property, making it tough to reach a consensus on sales or pricing. This fragmented ownership structure has historically stalled critical projects.

The title, a strategic issue in mayotte.

Legislative Attempts and Persistent Challenges

Past legislative efforts have aimed to improve clarity and efficiency in land management. The letchimy Law of December 27, 2018, sought to overcome the requirement for unanimous agreement among heirs by allowing a sale to proceed if 51% of the heirs agree, provided the succession has been open for more than ten years. However, challenges remain, as exemplified by the stalled 3rd OUROUVENI hills reservoir project, intended to boost Mayotte’s water reserves but hampered by land speculation and ownership disputes. Similarly, in Chiconi, two-thirds of the land falls under just two property titles, exacerbating joint ownership issues.

Notaries have pointed out that the obligation to inform all heirs of the decision made by a majority has further complicated the process.Another development, acquisitive prescription with retroactivity, allows individuals to claim ownership of land after peacefully occupying it for 30 years, or in certain specific cases, 10 years. While efforts to identify and secure land titles have been ongoing, progress has been slow, according to Berteline Monteil, former president of the CUF, who noted delays in the structure becoming fully operational and a lack of human resources following its transition to a Groupement d’Intérêt Public (GIP).

The Departmental Council’s Role and the EPFAM’s Dilemma

In Mayotte, nearly half of the land is owned by the Departmental Council, giving it a significant role in facilitating development. Though, persistent underfunding of public infrastructure has led the Public Land and Development Establishment of Mayotte (EPFAM) to utilize the DUP, an expropriation process with compensation that is frequently enough deemed insufficient by affected landowners. This has resulted in resistance, with some landowners resorting to unconventional methods to challenge the process. one example involves a former elected official who renegotiated the terms of a land sale with the town hall, resulting in the municipality repurchasing the property at an inflated price after a housing construction project was approved.

EPFAM’s Track record and Public Perception

While the EPFAM faces criticism for its use of the DUP, it has also been instrumental in completing several key projects, including the 2nd Tsingoni hospital, the 3rd Returned hill development, housing in the ZAC de Tsararano, the judicial city of kawéni, and the Lycée des métiers du Building.

Political perspectives and Future Directions

Article 20 of the bill echoes sentiments expressed by Manuel Valls, who emphasized the importance of land control for the island’s reconstruction. He acknowledged the sensitive nature of the issue but stressed the need to overcome obstacles hindering development. MP Anchya Bamana has urged the government to provide adequate resources to the CUF to enable residents to secure their land titles, thereby avoiding expropriation and ensuring fair compensation for land used for public projects. She also highlighted the potential benefits for communities, including increased land tax revenue and improved infrastructure.

I ask the government to put the means in the CUF to allow the Mahorais to have their land titles.

Anchya Bamana, Member of Parliament

Bamana suggests that securing land titles would empower individuals to sell their land at market prices for development projects, while also enabling communities to expand their tax base. The CUF has requested additional resources, including a mobile office, to reach residents in each municipality. This investment of €210,000 would facilitate monthly outreach programs, potentially starting in Chiconi.