The Other Categories of Lands
Apart from public property
defined in the previous article, there are three other categories of lands:
The private property of the State and other public bodies
It is divided into two subgroups:
The private property of the State
It includes personal and real
property (lands are real property) acquired by the State or vested in it
without consideration or for valuable consideration, for historical reasons or
as the result of a procedure such as expropriation for public purposes, or being struck off the list of public
property. It also comprises lands which support buildings, installations,
structures established and maintained by the State.
These lands may be sold, assigned
to public bodies, exchanged or leased; they may also be allocated to public
services or classified in public
property. In the latter case, they will no more be liable to private
appropriation.
The private property of other public bodies
As mentioned in the previous
article, the other public bodies are local communities or councils, State
corporations, state-owned enterprises and public service concessionaries.
Their property includes personal
and real property acquired from individuals or from the private property of the
State. The lands of this category may be the property of the public body or not
(in the case the land may be allotted leasehold to the public body).
This is a general presentation of
the private property of the State and other public bodies. Are also included in
this category the national lands which have been incorporated therein. National
lands are defined below.
National lands
There are two categories of
national lands:
The
first category comprises lands occupied or exploited before the 5th
August, 1974. They can be registered
by the people occupying or actually exploiting them (with evidence: farms,
houses … that is development) before
the 5th August, 1974.
The
second category consists of the land free of any effective occupation. These
lands may also be registered after
the completion of a development project they would support. This is called a grant.
National lands exist much more in
rural areas. They may be incorporated
into the private property of the State and other public bodies.
The private property of individuals
This is the set of lands registered by private individuals.
Owners of these can do whatever they want with it.
I hope you have noted the italic
sized words; you will avoid language abuse by keeping them in mind.
Reference texts:
- Ordinance No. 74-1 of 6 July 1974
to establish rules governing land tenure, sections 14 et seq .;
- Ordinance n ° 74-2 of 6 July
1974 establish rules governing State lands, sections 10 et seq.
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