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.