Decree-Law No. 37-A/83 regulating compensation for expropriation procedures, in accordance with the Agricultural Reform. | Land Portal

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LEX-FAOC008301
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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). Land value shall be determined by the following criteria: land quality, agricultural income, construction and conservation costs, etc. In absence of a specific provision, the Government may grant the compensation in instalments when the amount exceeds 500,000 Cape Verdean Escudos (art. 7). If the member of the Government and the landowner(s) have agreed the amount, they must communicate it to the President of the Agricultural Reform Committee. Articles 13 and 14 specify that requests for compensation must be preceded by an agreement between the Government and the owner(s). Articles 15-22 establish that when such agreement is not achieved, compensation will be judicially defined.

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