Facts
On 15 March 2016, the Grand Council of the Canton of Fribourg adopted a law amending the Cantonal Law on Spatial Planning and Construction (LATeC). This revision follows the 2012 amendment to the Federal Spatial Planning Act (LAT). The new Article 46 of the LATeC provides that if the land designated for activity zones of cantonal importance recognized by the Cantonal Structure Plan is not built and used in accordance with its intended use within ten years, the State has a legal right of pre-emption at the market value on the entire area concerned or a part thereof.
Through an administrative law appeal, Pierre Mauron, Sylvie Bonvin-Sansonnens, Steve Bonvin, Benoît Piller and the municipality of Villars-sur-Glâne requested the annulment of this provision, arguing that it does not comply with the requirements of the LAT.
Considerations
The Federal Tribunal partially upheld the appeal. It found that Article 46 of the LATeC does not meet the requirements of Article 15a of the LAT, which requires the cantons to provide for the possibility for the competent authority to set a construction deadline and impose sanctions in case of non-compliance.
Although the cantonal provision provides for a right of pre-emption for the State, it does not give it the power to previously require, by way of a decision, that construction be carried out within a specified time frame. Furthermore, the limitation of the scope of this provision to only activity zones of cantonal importance is not in line with the…