Revocation of an authorization to acquire agricultural real estate and correction of the land register

Facts

The dispute concerns the revocation of an authorization to acquire agricultural parcels granted to A. by the Agricultural Land Commission of the Canton of Geneva, as well as the order to correct the land register to re-register the Association B. as the owner.

A. purchased the parcels in 2011 claiming that he would personally cultivate them, although he never had the intention to do so. In 2021, the Agricultural Land Commission revoked the authorization to acquire and ordered the correction of the land register.

A. contested these decisions before the cantonal courts, without success. He finally appealed to the Federal Tribunal.

Considerations

The Federal Tribunal dismisses A.'s appeal.

It considers that Articles 71(2) and 72(3) of the Federal Act on Rural Land Law (LDFR) must be interpreted in a coordinated manner. When an authorization to acquire is revoked within the 10-year period provided for in Article 71(2) LDFR, the land register must be corrected in application of Article 72(1) LDFR, even if the order for correction occurs after the expiration of the 10-year period of Article 72(3) LDFR.