The Minister may, by Order published in the Gazette, declare any area of public land to be a preserved area. Section 4 declares the Land Ordinance to apply to preserved areas.
This Proclamation introduces a general land reform in Eritrea by formulating new rules respecting land tenure and land use. The text of the Proclamation consists of a Preamble and 59 articles which are divided into 5 sections: Section One defines terms such as "usufruct", "system of land tenure" and "land administrative body".The main set of rules relative to landownership and land tenure can be found in section Two. This Section (arts.
This Act establishes the general bases of the Agricultural Reform. The first part deals with a historical view of Cape Verdean life illustrating the different and traditional ways of exploiting agriculture, livestock and all other resources. The Act establishes the bases for the organization and accomplishment of the agricultural reform.
This Decree-Law establishes that matters concerning usufruct, lease or joint lease of rural lands, or portions of them, are under the Law Courts' jurisdiction (art. 1). This Decree-Law deals with cases in which a tenant, or usufructuary, has been evicted. It establishes defences which can be presented (with or without legal representation) to the local Law Court, according to the Civil Code (art. 2). The evicted tenant may request the temporary return of the land in compliance with arts. 393-395 of the Civil Code (art. 3).
This Decree-Law regulates land expropriation procedures, in compliance with article 75, paragraph 1, point (f) of the Constitution. Article 3 deals with requests for land expropriation, documents needed, and other requirements. Expropriation requests (also non-written) should be notified to the competent Committee (as established in article 2 of the present Decree-Law), or to the Agricultural Reform Cabinet. The expropriation request must be registered in the "Expropriation Procedures Registration Book" after approval by the Ministry of Rural Development (art. 5).
In compliance with Act No. 15/II/82 (art. 1, para. 5) of 26 March, and with article 75, paragraph 1, point (f) of the Constitution, the Government of Cape Verde regulates the rural leasing contracts for lands not subject to expropriation, according to the Agricultural Reform Act. It also regulates rural sharecropping and rural land leasing which remain temporarily in force in compliance with articles 9 and 23 of the aforementioned Act. This Decree-Law is divided into 9 chapters concerning conditions, terms and requirements for obtaining such leasing contracts.
This Decree-Law regulates compensation for expropriation procedures under the Agricultural Reform, in compliance with article 1, paragraph 5 of Act No. 15/II/82 of 26 March 1982. This Decree establishes that the Government and the owner(s) of expropriated land are the parties interested in compensation procedures. The representative of the Government shall be a member of the Ministry of Rural Development. Article 4 sets forth methods for establishing compensation and the criteria for land improvements (with State incentives).
Persons having acquired a just and lawful right of title in derelict lands, either by prescription or by contract or in any other manner, may apply to the High Court to order the registration of such title (sect. 3). Section 4 provides for the application for the registration of land by persons entitled to "expropriate" such land. Section 5 provides for the application to the high Court for relief by persons having a claim on derelict land.
This Act provides rules relative to the survey of land. consists of 49 sections which are divided into 9 Parts: Preliminary (I); Administration (II); Recognition and Duties of Land Surveyors (III); Original Surveys and Re-surveys (IV); Division Surveys (V); Townships (VI); Beacons and Boundaries (VII); General Plans and Diagrams (VIII); Miscellaneous (IX).At Harare a Surveyor-General's Office is established (sect. 7). A Survey Regulations Board is established under section 8. The Board may make Regulations, with approval of the Minister, prescribing matters specified in section 9.
The Statute consists of 109 sections and three Schedules.
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