Question 15758 — roads

Summary

Mr. Nicolas Pacquot draws the attention of the Minister Delegate to the Minister of the Interior and Overseas Territories and the Minister of Ecological Transition and Territorial Cohesion, responsible for local authorities and rurality, to the issue of farm paths and trails or former long-distance hiking trails located on private property, in particular with regard to the protection of these crucial routes for hiking and cycling activities. These roads are presumed to belong to the owners. But although their use may be prohibited to the public, in the absence of such a ban, these paths remain accessible and open to the public. However, this access is a simple tolerance and does not constitute a right even if this tolerance would have been perpetuated for years. Thus, an owner has the right to close the path for public use, provided that the prohibition is materialized by a sign or an obstacle such as a chain or a barrier. As such, the press regularly reports on owners who, overnight, decide to barricade access to old long-distance trails (GR) located on their property, sparking outrage among users. Nevertheless, even if these paths were frequently used by hikers and cyclists for decades, these decisions are currently legally incontestable. Therefore, this situation raises the broader question of the protection of official hiking and cycling paths as public utility assets. Also, he asks him if the Government intends to take measures to protect these routes. Is it not possible to transform them into goods? of public utility and to establish a ban on harming free movement, while exempting the owner from any administrative or civil liability? This approach would seek to balance the rights of landowners with the need to safeguard these crucial pathways, particularly for hiking and cycling activities. It should be noted that the owners would still retain the possibility of barricading the sides of the path, while preserving the free movement of the GR or the cycle path. He wants to know his position on the subject.

Machine translation from French. The official text remains authoritative.

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