Chapter II: Public Property

Article 10: Detail
Article 11: Detail
Article 12: Detail
Article 13: Detail
Article 14: Detail
Article 15: Detail
Article 16: Detail
Article 17: Detail
Article 18: Detail

Article 10
The State is the owner of the immovable goods of national territory enumerated in article 58 of the Constitution and of all the property en deshérence (escheat) or property which has not been the subject of a due and proper private appropriation or which is not in the process of being appropriated pursuant to the provisions of chapter IV of this statute.

Article 11
As well as the State, territorial authorities, public institutions and any legal persons under public law (current or future) may be owners of real or immovable goods within the conditions laid down by this chapter.

Article 12
Some of this property belonging to the State or to public authorities is subject to a special regime: it is property falling within the domaine public (public property) of public entities. Other property is managed as private property and may be the subject of agreements: it is property of the domaine privé (private property) of public entities.

Article 13
The following property falls within the domaine public of the State and public bodies:
- property which has a natural and specific constitution, such as courses of navigable or floatable water, natural lakes, banks of navigable and floatable rivers and sea shores;
- property which is specially developed for general use, such as quays, railways, ports stations and airports;
- property which is made available, either in its natural state or after development, to the public, such as roads, pathways, gardens and public parks;
- property which is allocated to render a service to the public, such as schools or educational institutions and administrative buildings;
- property which is a natural resource protected by the law.

Article 14:
The forests of the State are subject to Forestries law (loi forestière). Forests are part of the domaine public.

Article 15:
Property which falls within the domaine public is inalienable and not subject to prescription. The principles of acquisitive prescription under chapter IV hereof do not apply to such property.
The said property may however be the subject of temporary, short-term and revocable licences to occupy or use in consideration for the mandatory payment of a fee. Such authorisations are not capable of being transformed into any title to property or droit réel (right in rem) for the benefit of the holder.

Article 16
The property of the domaine privé of the State and public bodies may be alienated according to the procedures provided by the statutes and regulations in force.
Such property may be leased out and it may be the subject of any contract duly entered into.
An Anoukret shall set the conditions of the sale and management of property which is part of the domaine privé of the State and public bodies. No sale shall be made in the absence of the said Anoukret. Lands within the domaine privé may be the subject of a concession (concession) pursuant to the conditions set forth by Chapter V hereof.
As from the date this statute becomes operational, no taking of possession, even that which complies with this statute (Chapter IV), may occur in respect of property within the domaine privé of the State and public bodies.
However, the available lands of the domaine privé may be distributed to persons demonstrating need in accordance with the conditions set forth by the Anoukret.

Article 17
The following are null and void and incapable of being validated in any form whatsoever because they are contrary to public policy:
- any acquisition of possession from the domaine public of the State and public bodies irrespective of the date that such possession was commenced;
- any transformation of a land concession (concession foncière) into a right or a title of property, duly attributed or not, even if such transformation occurs prior to this statute;
- any transformation of any acquisition of possession relating to the domaine privé into any right of ownership, even if it occurs prior to this statute, if such acquisition of possession fails to comply with the provisions of Chapter IV hereof;
- any land concession, current or future, which fails to comply with the provisions of Chapter V hereof;
- any acquisition of possession relating to the domaine privé which occurs after the date on which this statute takes effect;
- any administrative authorisation, contract or acknowledgement of receipt, irrespective of its name or date, relating to the occupation of the domaine public or privé of the State and public bodies, having been transformed or which is likely to be transformed in the future into any right of ownership to the benefit of its owner or signatory.

Article 18:
Persons whose title or factual circumstances fall within the scope of the preceding article, may not in any circumstance seek compensation or indemnification in respect of maintenance or development works that they may have carried out on the land or on the building unlawfully possessed.
Further, any unlawful acquisition of land falling within the domaine public of the State and public bodies is punishable with the penalties of ….
The penalties shall be doubled where any acquisition of land from the domaine public tends to suspend or delay works undertaken in the general interest, in particular any acquisition of land on the sides of roadways.In all cases, should the offender fail to terminate his acquisition within the period set by the Authorities, the said Authorities may evict the said offender without any prior requirement for a court order.

CHAPTER I: PROPERTY PRINCIPLES

Article 1:

The law of property, recognised by article 44 of the Constitution applies to the entirety of land and to the entirety of buildings and constructions within the national territory in accordance with the conditions laid down by this statute (loi). These properties are referred to as biens immobiliers (immovable goods including rights in rem).
Article 2:
No person may be deprived of property, unless such deprivation is in the public interest (utilité publique). Further, such deprivation must be carried out in accordance with the forms and procedures provided by law and only after the payment of just and equitable compensation.
Article 3:
Immovable goods within the meaning of this statute means:
- all natural grounds, woodland, clearings, land which is cultivated, fallow or uncultivated, submerged by stagnant or running waters (the land);
- all constructions and fixtures created by man and not likely to be moved (the buildings);
- things fixed to the ground or incorporated into the constructions and which cannot be separated there from without damaging them or altering them, such as trees, decorative attachments, etc. (fixtures);
- rights relating to such buildings or land which constitute split proprietary rights (démembrement de propriété);
- movable property (biens mobiles) formally defined by statute to constitute immovable property (immovables by law).
Article 4:
The only situation which may prima facie establish ownership is due possession. The State shall grant official recognition of such possession.
The State may also allocate real or immovable goods belonging to it, within the strict limits laid down by this statute.
Transfers or conveyances of the original property shall be carried out in accordance with the general law (droit commun) of sales, succession, exchange and gift.
Article 5:
Immovable goods currently held by the State or public persons in respect of which the former owners are known, must be restored to such former owners in accordance with conditions provided by an Anoukret.
Article 6:
Only persons of Cambodian nationality are entitled to be owners of immovable goods situated on the national territory of Cambodia.
Thus, the following persons may be owners in Cambodia: Khmer citizens of both sexes, territorial public authorities, public institutions and indigenous communities, associations of Cambodian status, public undertakings and Cambodian civil or commercial sociétés[1] [2]and any Cambodian organisation which is recognised by statute as a legal person.
Article 7:
A commercial société (société commerciale) registered in Cambodia, in respect of which 51% of the share capital is held by natural persons of Cambodian nationality or by legal persons incorporated pursuant to the laws of Cambodia, may be the owner of real or immovable goods. Only percentages stipulated in the Articles of Association are taken into account. Any conflicting shareholders’ private agreement shall be null and void.
If percentages stipulated in the Articles of Association are amended to the detriment of Cambodian shareholders, the société shall restore the previous situation immediately, or it shall alienate such immovables (immeubles) or real property (biens fonciers) for the benefit of the Cambodian subject within a period of 6 months. After such 6-month period, the real and immovable goods of the société shall become the property of the State.
Article 8
Property may belong to one person, natural or legal: this is sole ownership.
Property may belong to a group of persons exercising their prerogatives through institutions which are regulated by statute for such purpose: this is collective property (propriété collective).
Property may be held by several identifiable persons, collectively exercising their rights over the entirety of the property: this is joint-ownership en indivision (la propriété indivise).
Property may be shared among several persons exercising exclusive rights over certain parts of the property and who must comply with a règlement légal or conventionnel (statutory rules or deed) stipulating the rights and obligations of the co-owners (règlement de co-propriété) with respect to common areas: this is the co-propriéte (co-ownership on a long leasehold).
Each of these types of property is governed by specific provisions.
Article 9
Property law governing immovable goods varies in accordance with the requirements of the Khmer society, insofar as agricultural land, forests, waterways, reservoirs or expanses of water, sea shores, riverbanks, urban property, land for construction and zones of industrial development are concerned.
Specific laws add to or will add to the provisions of the current enactment or shall constitute exceptions to such enactment taking into account socio-economic needs.Regulations (Kret or Anoukret) may, in compliance with legislative provisions, stipulate the details of these various property laws.
[1] Société is the general term used in French law for a profit-making organisation. It may be translated as “partnership” or “company” or “corporation” depending upon the context. It becomes a legal person through registration. In this context, although it was tempting to translate société as “company”, it would be misleading and even though under French law (the exact equivalent of partnership is société de personnes) there is no sharp distinction between partnerships and companies, under English law the distinction is vital because the former do not have legal personality where the latter do.
[2] Not every société is involved in commerce; the former société is governed by the droit civil and the latter by the droit commercial.

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