Facts
The B. estate was the owner of an agricultural property that had been leased to the brothers P. and P.-A. S. for many years. After obtaining authorization from the Agricultural Land Commission of the Canton of Neuchâtel, it sold this property to M. on December 11, 1997. In an initial decision of May 22, 1998, annulled on November 30, 1998 by the Administrative Tribunal of the Canton of Neuchâtel, and then in a second decision of June 8, 1999, the Agricultural Land Commission granted an acquisition authorization, within the meaning of Art. 61 et seq. of the Federal Act of October 4, 1991 on Rural Land Law (RLRA), to the brothers S. who asserted their right of pre-emption as tenants. The appeal of M. against the second decision was dismissed by the Administrative Tribunal in a judgment of November 30, 1999.Considerations
The Federal Tribunal examines ex officio and with full cognition the admissibility of the appeals submitted to it. Art. 83(3) RLRA restricts the right to appeal to the cantonal appeal authority against the refusal or granting of an authorization within the meaning of Art. 61 et seq. RLRA. However, this provision should not be considered as containing an exhaustive list of persons entitled to appeal.
Indeed, the legislator's intention in adopting Art. 83(3) RLRA was primarily to ensure a right of appeal for the tenant as well as the holders of the right of pre-emption, the right of first refusal or the right to allocation,…