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.
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.
- 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.