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Accueil > > Cameroon : Rules governing State (...)

Cameroon : Rules governing State lands

jeudi 28 mars 2013

Ordinance N°.74-2 of 6 july 1974 to establish rules governing State lands

The president of the Republic

Mindful of the constitution of 2 june 1972, Mindful of law N°.73-3 of 9 july 1973 authorizing the president of the Republic to establish by ordinance rules governing land tenure and government-owned land and properties.

Mindful of ordinance N°74-1 of 6 july 1974 to establish rules governing land tenure

Hereby ordains as follows :

1. The present ordinance governs the public and private property of the state and other public bodies.

CHAPTER 1 : PUBLIC PROPERTY

2. (1) Public property shall comprise all personal and real property which by nature or intended purpose is set apart either for the direct use of the public or for public services.

(2) Public property shall be inalienable. Imprescriptible and unattachable. Subject to the provisions of article 5 (3) below it shall not be liable to private appropriation.

(3) Public property shall be divided into natural and artificial public property.

3. (1) Natural public property shall comprise :

-  Coastlands ;

-  Waterways ;

-  Sub-soil and air space.

(2) Coastlands shall comprise :

a) The sea shore to the highest tide mark and a further zone of fifty metres measured from this tide mark ;

b) The banks and estuaries of waterways subject to tidal influence to the highest tide mark and a further zone of twenty-five metres measures from this tide marks ;

c) The soil and the sub-soil of the territorial sea.

(3) waterways shall comprise :

a) Navigable or floatable waterways within the limits determined by the highest water level and a further zone of twenty- five metres measured from this level ;

b) Marshland excluding developed farm ;

c) Non-navigable and non-floatable waterways within the limits determined by the high-water level ;

d) Lakes, ponds and lagoons within the limits determined by the high water level.

(4) Sub-soil and air space shall comprise respectively the sub-soil and the air space situated above the territory of the state and the territorial sea.

4. (ordinance N°77-2 of 10th January 1977) the artificial public property of the state shall comprise :

a) Motorways and land extending one hundred (100) metres on either side of the centre line of the highway. This land shall be reduced to ten (10) metres in town, beginning from the external edge of the pavement.

b) National and provincial highways and land extending forty (40) metres on either side of the of the centre line of the highway. This land shall be reduced to ten (10) metres as from the external edge of the pavement in built-up areas and to five (5) metres in town.

c) Divisional roads and land extending twenty-five (25) metres on either side of the centre line of the road. This land shall be reduced to ten (10) metres as from the external edge of the pavement in built-up areas and to five (5) metres in towns.

d) Local tracks passable for vehicules and land extending ten (10) metres on either side of the centre line of the track. This land shall be reduced to five (5) metres in built-up areas and in towns.

e) Tracks which are not passable for vehicles.

f) Railways and land extending thirty- five metres on either side of the centre line of the track ;

g) Commercial sea or river ports, their connected installations and land fixed on the basis of a special study for each port ;

h) Military sea or river ports, their connected installations and land fixed on the basis of a special study for each port, all works connected with the nation’s’ land, air and sea defence ;

i) Telegraph and telephone lines and their connected installations and land extending two hundred metres around telecommunications centres ;

j) Alluvium deposited downstream or upstream of works constructed for general use ;

k) Public monuments and building set up and maintained by the state or other public bodies in particular covered and open markets cemeteries, museums.

1) The concession of traditional chiefdoms and property relating thereto and more especially in the provinces where the concession of chiefdoms is considered as the joint property of the community the chief having only the enjoyment thereof.

5. (1) (ordinance N°77.2 of 10th January 1977) Real property which is intended for inclusion in the artificial public property shall be classified by decree.

(2) The classification decree shall constitute an expropriation deed shall effect the transfer of the property in favour of the public body concerned and permit the compensation process to be undertaken according to the regulations applicable in this respect.

(3) Natural or artificial public property of the state which is recognized as being of no use considering the purpose for which it was initially assigned may be struck off the list of public property and classified by decree as the private property of the state or of other public bodies.

(4) In case of doubt or dispute concerning the limits of such public property or the extent of the easements established by virtue of article 6 below a ruling shall be issued by order of the Minister in charge of lands, with right of appeal to the competent court.

6. (1) Rights of way, of installation of means of support and of access necessary for the establishment maintenance and operating property of the state may be imposed by decree on private real of telegraph lines power lines and water mains classified as public property.

(2) prohibitions on building restrictions on the height of buildings and limitations on the felling of tree may also be decreed in zones for the protection of airports or military installations as well as for the safeguarding of air navigation.

(3) Only ensements provided for in paragraph (1) above shall give entitlement to compensation.

(1) 7.(1) Bona fide owners and occupants who hold rights previous to the entry into force of the present ordinance over public property of the state as defined in articles 3 and 4 above may not be dispossessed thereof unless the public interest so requires and subject to compensation calculated as in the case of expropriation.

(2) Such will also apply to the demolition of buildings or the removal of enclosures or plantations established by the said owners or occupants for the exercise of the easements provided for in Article 6 above.

8. (1) The natural or artificial public property of the state shall be managed by the state provided that by reason of the use thereof, such management may be carried out under the control of the state by other public bodies or by public service concessionaries.

(2) The terms and conditions of the control provided for in the preceding paragraph shall be laid down by decree.

9. Unless special provisions provide otherwise the rules relating to the issuing of parking permits, to occupation or exploitation authorizations to the policing and conversation of the public property of the state shall also be laid down by decree.

CHAPTER II : PRIVATE PROPERTY OF THE STATE AND OTHER PUBLICS BODIES

10. The following shall form part of the private property of the state :

(1) Personal and real property acquired by the state without consideration or for valuable consideration according to the rules or ordinary law ;

(2) Lands which support building, considerations structures and

installations established and maintained by the state ;

(3) Real property developing upon the state by virtue of :

-  Article 120 of the Treaty of versailles of 28 june ;

-  Enactments on war sequestrations ;

-  Classification deeds drawn up in pursuance of enactments

previous to the present ordinance ;

-  Being struck off the list of public property of the state ;

-  Expropriation for reasons of public interest

(4) Grants of urban or rural lands which are forfeited by effluxion of title or confiscation, as well as the properties of associations which have been dissolved for acts of subversion or offences against the internal security of the state ;

(5) Property withdrawn from national lands by the state in pursuance of the provisions of Article 18 of the ordinance to establish rules governing land tenure.

11. (ordinance N°77-2of 10th January 1977) with effect from 5 August 1974, the date of entry into force of ordinance N°.2 of 6 july 1974 properties in rural areas, with for at least 10 years have not been maintained or regenetated may after due notice has remained ineffective be incorporated in the private property of the state without compensation.

12. (1) The private property of the state may be :

-  Allocated to public services ;

-  Assigned to public bodies ;

-  Allocated as a contribution to the capital of companies with a right of reincorporation in the private property of the state in the event of dissolution, bankruptcy or liquidation of the said companies ;

-  Allocated leasehold or freehold to natural persons or corporate bodies ;

-  Allocated leasehold or freehold to international bodies of which Cameroon is member ;

-  Allocated leasehold or freehold and subject to reciprocity to diplomatic of consular missions accredited to Cameroon.

(2) The terms and conditions of such allocations, assignments and allotments shall be laid down by decree.

13. (1) The following shall form part of the private property of public bodies

- Immovable property and rights acquired under private law ;

-  Immovable property and rights forming part of the private property of the state and transferred to the private property of the said bodies ;

-  Immovable property and right acquired under the conditions referred to in Article 18 of the ordinance to establish rules governing land tenure.

(2) Instructions of alienation of the private property of public bodies other than the state shall, under pain of being declared void, bear the prior approval of the Minister in charge of lands.

CHAPTER III : FISCAL PROVISIONS

14. Revenue from the public property of the state shall be :

a) The proceeds of leases or alienations of private property of the state ;

b) Rents for private occupation of public property of the state ;

c) Revenue from stocks and shares ;

d) Mining and quarry royalties ;

e) Proceeds of sales by auction or by private treaty of any equipment or moveable property withdrawn from the books of public accountants ;

f) The proceeds of confiscations ;

g) Revenue from building belonging to the state ;

h) Revenue arising from forest and game charges subject to transfers to be made to specialized bodies ;

i) Housing stoppages

15. The collection of the revenue from the public property of the state provided for in Article 14 above shall be carried out by land revenue collectors with the exception of those which, owing to their nature are collected in some other manner.

16. (1) The sale of property of the state and of local authorities and state establishments shall be by public auction.

(2) Provided that this procedure may be waived whenever it appears liable to compromise social justice as prescribed by the Government.

17. Provisions repugnant hereto and Decree-Law N°.2 of 9 January 1963 to establish rules governing public lands and properties in East Cameroon are hereby repealed.

18. The present Ordinance shall be registered, published in French and English and enforced as a Law of the United Republic of Cameroon.

Yaoundé, 6 July 1974 EL HADJ AHMADOU AHIDJO President of the Republic