The Constitutional Council is asked to review the conformity of article L. 32151 of the Forestry Code with the rights and freedoms guaranteed by the Constitution. Article L. 32151 of the Forestry Code provides that in certain wooded areas, a right of way and development shall be established by the State in its favor or in favor of another public body in order to exclusively ensure continuity in fire prevention routes, the continuing existence of established routes, as well as the establishment of forest protection and monitoring facilities. The applicant claimed that this provision violates ownership right (art. 2 and 17 of the 1789 French Declaration of Human Rights) and breaches the principle of public participation (art.7 of the Environmental Charter).

The Council stated that the right granted to the State does not lead to a deprivation of property. This right pursues a goal of general interest.  The legislation defined the scope and object of the right of way and development and it planned for the compensation due to the owners of the land encumbered by the right of way.
However, provisions for a public inquiry concern only cases where the improvements require a right of way wider than six meters. The legislator has not provided, in other cases, for the principle of a procedure intended to allow the concerned owners to present their observations. Consequently, the contested provision is unconstitutional.