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Accueil > > Cameroon : Infringements on landed (...)

Cameroon : Infringements on landed property (...)

mardi 2 avril 2013

Law N°.80-22 of 14 July 1980 to repress infringements on landed property and state lands

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

1. Any land constituting joint property which is sold or granted free of charge shall be null and void.

2. The following shall be punishable with a fine of 200,000 francs or with imprisonment of 2 months to 3 years or with both such fine and imprisonment :

a) Persons who use or occupy land without the prior authorization of the owner ;

b) State employees guilty of complicity in land transactions likely to facilitate the unlawful occupation of another person’s property .

3. In the case referred to in section 2 (a) above, the court with jurisdiction shall order the eviction forthwith of the occupant at his own expense. Further development work on the said land in the form of farms, building or structures of any kind shall automatically belong to the owner, without any compensation being paid to the occupant.

If the owner of the estate requires that buildings, farms or structures should be destroyed the destruction shall be carried out at the expense of the occupant who shall not be paid any compensation and who may, in addition be fined to pay damages for the prejudice if any suffered by the owner of the estate.

4. The penalties provided for section 2 and 3 above shall apply to persons who in violation of the laws in force, use or occupy the private property of the state public property or national land.

5. Legal action for infringements against the private property of the state or public property or national land shall be brought before the competent courts solely by the Administration under conditions determined by decree.

6. (1) where the unlawful occupation concerns private property belonging to any other public corporate body, the senior Divisional Officer shall at the request of the competent representative of the said corporate body, destroy the development works carried out on the land in question, in accordance with the procedure provided for in section 5 of the present law.

(2) Furthermore, the occupant shall be liable to the penalties provided for in section 2 above.

7. Control with a view to preventing the occupation of state lands shall be exercised by control and surveillance committees whose organization and functioning shall be determined by decree.

8. The conditions for implementing of this law shall be laid down by decree.

9. This law which repeals all previous provisions repugnant thereto shall be registered and published in the Official Gazette in French and English.

Yaoundé, 14 July 1980 AHMADOU AHIDJO President of the Republic