PG Streets

Introduction :

 The Municipality of Grimaud is considering opening a large number of private Port Grimaud streets to the public. What is this about?

The Municipality of Grimaud regaining the control over the waterways raises the problem of the small beaches. Why? Because the municipality claims that it needs to access the shoreline bordering these beaches for purpose of maintenance, the shoreline being public maritime domain, the maintenance and management of which are now the responsibility of the municipality.*/ In addition to maintenance, could it consider other destinations for accessing those beaches? 

The streets

There are 2 types of streets in PG: totally private streets, not accessible to the public and partially private streets accessible to the public in a limited way and only on foot (e.g. Place du Marché, Place Spoerry, Rue de la Giscle). All streets belong to the Port Grimaud ASL/ASP, who finance and manage them and over which they exercise police powers.

The beaches

We all know the little beaches, these sandy notches lined with quays, which the local water coach uses as “bus stops.”  Initially, their purpose was architectural, creating breaks and offering visual perspectives. They also have a security purpose by allowing a passage for security teams and firefighters. Any other use of these little beaches and quays is prohibited except for brief annex docking, for example. These destinations can only be modified by residents at the Homeowners' annual General Meeting.

The Quays :

Maintenance of the quays and sheet piles is carried out using barges from the water and does not require land access.

City Hall's demands raise the following questions  City Hall, demanding that access streets be considered part of the public domain, raises the following questions:

- Is this a simple access right or a complete appropriation?

- If a simple access right (easement)—

                     - For the maintenance of the beaches – It would be a lesser evil

                     - To allow public access in addition to maintenance necessity – But why would the public need access to the beaches? Would the beaches become tourist locations offering access to, for example, jet skis, small boats, with a stand managing the rental activity?

Would access be pedestrian only? Or motorized? How to manage the parking needs if public access to cars?

- If a complete appropriation: then, the streets become entirely accessible to the public – pedestrian only or pedestrian and motorized

Legal procedures

1. City Hall's claims are currently the subject of appeals in court.       

2. If City Hall claims an easement over certain private streets, it must respect the legal procedures for establishing such  easements. French law protects private property and provides legal processes for easements and expropriations, which include informing owners about the motivations, impacts and compensation.       

Conclusion :

If City Hall wins its case in court, then it will be necessary to negotiate how it plans to use the streets. If, on the other hand, the ASLs win, then it is likely that they will have to negotiate some form of easement to allow access to the beaches for maintenance, but for maintenance only, and not to facilitate tourist or merchant activities. 

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*/ In various summons filed by the municipality of Grimaud with the Administrative Court of Toulon, the municipality of Grimaud requests "that the roads providing access to them [to the small beaches and certain public quays ] constitute property that must be returned to the Municipality of Grimaud, to allow any regularization with the land registry and mortgage services according to plans communicated by the municipality". And requested that "the said roads fall under the public domain regime".