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Accueil > > Cameroon : Expropriation for public (...)

Cameroon : Expropriation for public purposes (...)

lundi 25 mars 2013

Law No . 80-21 of 14 july 1980 to amend certain provisions of ordinance No. 74-1 of july 1974 to establish rules governing land tenure

The National Assembly has liberated and adopted the president of the republic hereby enacts the law set out below :

CHAPTER I : GENERAL PROVISIONS

Section 1.-

1) in oder to carry out projects of general interest, the state may the resort to the procedure of expropriation for public purpose.

2) this procedure may be either direct, if it is intended to carry out projects of publics interest, or indirect , upon the request of local councils, public establishments, publics utility undertaking or semi-governmental corporations.

section 2.- Expropriation for public purposes shall exclusively affect private property as recognized by the law and regulations.

section 3.-

1) persons affected by expropriation shall be entitled to compensation in cash or in kind under the conditions defined in this law.

2) the compensation to be granted to a victim of expropriation shall be fixed by an expropriation decree

section 4.- 1) the expropriation decree shall entail the transfer of ownership as well as the existing land titles to the state or to any other public body that benefits from such a measure.

2) In principle, expropriation shall give entitlement to prior compensation.

3) howerver in certain cases, the beneficiary of expropriation, may before actual payment of the compensation is made, ocupy the premises as soon as the decree of expropriation is published.

4) victims of expropriation shall be given six months notice, with effect from the date of pulication of the expropriation decre, to evacuate the premises.

5) this time limit shall be reduced to three months in cse of urgency.

section 5.- A declaration of expropriation for public purposes shall suspend all transactions and development on the land in question. under penalty of incurable nullty, no bulding permit may be issed in respect to the area concerned.

CHAPTER II : COMPENSATION

Section 6.- compensation for expropriation shall be effected by the corporate body benefiting therefrom.

section 7.- 1) compensation for expropriation shall be related to the direct, immediate and veritable material damage caused by the dispossession.

2) such compensation shall cover :

- bare land ;

- crops ;

- building ;

- any other type of development, whatever its nature, duly verified by the verification and valuation commission.

3) the composition and functioning of the verification and valuation commission shall be determined by regulation.

section 8.- 1) compensation shall be monetary. Povided that the corporate body in whose favour the expropriation is made may, as concerns land replace monetary compensation by compensation of the same kind or of the same value.

2) where compensation is made in kind, the land provided must, as far as possible, be located in the same council area as the expropriated land.

3) where the value of the land given compensation is higher than that of the expropriated land, the balance shall be paid by the person receiving the compensation.if it is lower, the beneficiary of the expropriation shallpay monetary compensation to the tune of the balance.

section 9.- compensation for bare and undevelopped land shall be made under the following conditions :

(a) In the case of lands help by virtue of customary tenure under which a land certificate has been issued, the compensation may not exceed the minimum official price of undeveloped lands in the area where the land certificate was issued.

(b) In the case of land help by virtue normal transaction under ordinary law or purchase of state land, compensation shall be equal to the purchase price, to which shall be added the ancillary costs of purchase.

section 10.- 1) The details relating to the calculation of that value of crops destroyed shall be fixed by decree.

2) The value of building and other developments shall be calculated by the verification and valuation commission.

section 11.- 1) The details relating to the calculation of the value of crops destroyed shall be fixed by decree.

2) The value of building and other developments shall be calculated by the verification and valuation commission.

3) No compensation shall be paid for the destruction of old or crumbling building, or those that were ercted contrary to town planning regulations, legislative or statutory provisions governing land tenure.

section 12.- Any compensation granted prior to the entry into force of this law may not be reviewed.

CHAPTER III :DISPUTES

Section 13.- 1) In the case of dispute over the amount of the compensation, the Person shall forward his claim to the administration in charge of lands.

2) If he is not satisfied, the claimant may, within one month from the date he was notified of the challenged decision, refer the matter to competent court of the area in which the real property is located.

3) In accordance with the procedure and subject to any appeals. Under ordinary law, the court shall confirm, reduce or increase the amount of the compensation, following the valuation rules fixed by this law and its implantation instruments.

CHAPTER IV : MISCELLANEOUS PROVISIONS

Section 14.- The guardians and legal representatives of dispossessed persons who are under a legal, disability or interdiction may be authorized by order real of the president of the court to accept the compensation offred by the administration.

Section 15.- The action to set aside a contract or claim a title, nor any other real action shall halt expropriation or prevent the effects. Complaints shall deal with the amount of the compensation but not with the right to expropriate.

Section 16.- 1) the expropriation procedure shall be fixed by regulation.

2) cases of compensation still under consideration on the date of entry into force of this Law shall be treated in accordance with the former regulations until they are resolved.

Section 17.- this law which repeals all previous provisions repugnant thereto, in particular ordinance N°, 74/3 of 8 july 1974 concerning expropriation for a public purpose , shall be enacted and published in the official Gazette in english and french.

Yaoundé, 28 june 1985 Paul Biya President of the Republic