Facts
The case concerns the public auction sale of two articles of the Land Register of X., properties of [Y.], namely articles 107 and 114. The Cantonal Land Authority of the canton of Fribourg authorized the subtraction of a 1'350 m2 plot, located in a building zone, from article 107. The Administrative Court of the canton of Fribourg partially admitted Y.'s appeal against this decision, confirming the existence of an agricultural enterprise and the authorization to subtract the 1'350 m2. [Y.] filed an administrative law appeal with the Federal Court, concluding with the annulment of the cantonal judgment and the refusal of the authorization to subtract the plot.
The parties involved are [Y.], the Administrative Court of the canton of Fribourg, and the Cantonal Land Authority of the canton of Fribourg. The key dates are September 5, 1997, the date of the Administrative Court's judgment, and February 10, 1998, the date of the Federal Court's judgment.
Considerations
The Federal Court rejected the appeal, considering that the prohibitions of material division and parcelling do not apply in cases of forced realization, in accordance with art. 59 let. d RLRA. The Court estimated that the law considers other public interests to prevail over those that govern the maintenance of enterprises and minimum surfaces in the context of a forced realization.
The Court also considered that the cantonal authority had released the surface located in the building zone from the scope of the law, definitively assigning it to non-agricultural use as allocated by the zoning plan, in accordance with art. 60…