Implementation problems Du battant des lames au sommet des montagnes

the concessions stretch highest summits cut off sea edges @ beginning of 18th century.

difficulties began when authorities decided set aside fifty geometric-footstep zone along island s shore. restriction had not been formally stipulated in numerous prior deals: of 1736 mentioned during transactions. indeed, took judgment of conseil supérieur, dated 4 may 1765, quash objections , spell out certainty obligation have royal reserve along coast. establishment of band around entire island caused expression lose initial meaning distancing lower limit of concessions battant des lames.

disputes high

since ravines formed union of several thalwegs upstream, choice of tributary keep boundary marker between plots of land high not easy , led disputes. problem aggravated fact of ravines in question had several names, made possible source of confusion.

the question of meant au sommet des montagnes hotly debated. although meaning clear in saint-paul region, planèze (gently inclined volcanic plateau) dominated grand bénare, expression thereafter became style clause used without relation real situation in regions landscape more craggy. thus, several possible meanings debated:

the point seemed highest, seen shore.
the outside edge of ridges of cirques of mafate, salazie , cilaos, 3 depressions in centre of island.
the high point of island, summit of piton des neiges.


in 1830, théodore cazeau became first benefit distant concession in middle of island. set home in salazie in place called mare à poule d eau.

what @ stake in debate, pitted administration against grantees @ end of 1820s , beginning of next decade, whether there remained land distributed. authorities wished open new concessions in cirque of salazie, done in 1830, in heart of la plaine-des-palmistes , of plaine des cafres, happened in 1834. farmers considered parcels extended summit of island s highest mountain, concessions met @ single point.

since latter interpretation did not correspond physical reality of terrain, administration created new distinction between expressions sommet des montagnes ( summit of mountains ) , sommet de la montagne ( summit of mountain ), had hitherto used interchangeably. thus, judgment of conseil de contentieux administratif, issued 2 august 1853, defined first designating high point seen several successive places, while second referred crest seen in foreground. judgment of saint-denis tribunal, issued 5 may 1856, established le sommet des montagnes crest in background seen sea, , there no need differentiate between use of singular , plural in expression. judgment upheld ruling of cour de bordeaux on 19 june 1867.

several years later, ruling of 25 february 1874 ordered amicable delimitation of line of separation forming high point of concessions. however, delimitation of parcels did not follow judicially ordered definition. took acquisition of summits government put end quarrel , fix upper limit of properties.