Madagascar Geometrical steps

Madagascar Geometrical steps

Madagascar Geometrical steps

Madagascar Geometrical steps

Madagascar Geometrical steps

LAW N° 2008 – 013 OF JULY 23rd, 2008 on the public land

CAUSES PRESENTATION

Madagascar Geometrical steps . The cancellation of the principle of the presumption of domaniality as well as the installation of the not titrated private landed property by the Law n°2005-019 of October 17th, 2005 fixing the principles governing the statutes of the grounds in Madagascar imply a revision of the ordinance regulating the public land.
From this fact were withdrawn from this Law, the contrary provisions to those of the law n° 2005-019 of October 17th, 2005 fixing the principles governing the statutes of the grounds in Madagascar. It is primarily about tiding up work of the drafting, the main principles of the law n° 60-099 of September 21st, 1960 on the public land were not modified.

Madagascar Geometrical steps. However on the particular point relating to the management of the strip of land being next to the shore of the sea, called zone of the geometrical steps, it appeared convenient to simplify the legal mode of it to regulate the difficulties noted in the management of this one.

Madagascar Geometrical steps. The existence of the littoral public land of the State is reconfirmed there in the form of a public right way of 25 meters width along the shore of the sea, which involves the unavailability of the grounds located inside this band. The regulatory measures of the law will make it possible to clarify the methods of use of this zone and to reinforce its protection with it.

This the object of this law

LAW N° 2008 – 013 OF JULY 23rd, 2008 on thepublic domain

Madagascar Geometrical steps.

The National Assembly and the Senate adopted in their respective meeting on

July 3rd, 2008,

THE PRESIDENT OF THE REPUBLIC,

Considering the Constitution;

Considering the Decision n° 14-HCC/D3 of July 22nd, 2008 of the High Constitutional court; Promulgate the law whose content follows:

TITLE I

DEFINITION, CONSISTENCY AND LEGAL CONDITION OF THE PUBLIC LAND

CHAPTER 1

DEFINITION

Article first – The real public land of the State and the decentralized communities, includes the whole fixed properties which, either by their nature, or in consequence of the destination that they received from the authority, are for public use, the pleasure or the protection of all and which cannot become, while remaining what they are, private property.

CHAPTER 2

CONSISTENCY AND LEGAL STATUS Section 1

Consistency of the public domain

Art. 2 – The public land is subdivided in three principal fractions, characterized

by the origin of the properties which compose them:

1-  the natural public land primarily real, whose basis and destination are the work of nature;

2-  the artificial public land, sometimes real estate, sometimes personal, whose establishment is the fact of the work and the will of the man;

3-  the lawful public land resulting from a specific procedure of ranking.

Art. 3 – Are part of the public land the properties hereafter, without this enumeration being restrictive:

1. a) Natural public land:

• The territorial sea which extends to offshore up to 12 marine miles starting from the base line as defined by the Maritime law as well as the gulfs, bays or straits wedged in the grounds;

2) The sea shore to the limit of the highest periodic and regular tides;

3)  ) A littoral band of a 25 meters width starting from the limit above;
4)  Salted ponds and salt pans in direct and natural communication with the sea, the channels, as well as the lagoons;

5)  Rivers, streams, lakes and ponds.

The public domaniality is, as far as they’re concerned, fixed by the limit of high waters, without overflow. The methods of determination the aforementioned limit are laid down by decree.

1. b) Artificial public land:
   

1) Seaports and river ports in the limits determined in the act governing their creation, extension/installation of dependence;

2) Works to ensure the protection of the streams banks, or for facilitating the navigability or

the good flow of waters;

3)The wells built for the public use and the work of protection and installation of the sources aimed to item 6 of this article;

4) Ship canals and canalized streams and installations which allow their exploitation;

5) Drainage and irrigation canals,  water lines, levees and dams, built in a public interest, the installations of any nature which are the essential accessories, as well as the installations intended for the maintenance of these works;

6) The water collected and channelized for the public or collective use, the pipes, the installations intended for the water supply, the wash houses and watering places, sewers as well as the various installations necessary for their operation and their maintenance;

7)  The highways of any nature, roads, streets, places, gardens and public gardens public within the limits determined by dimensions of the influences which support them;

8) Railways, tramway or trolleybus lines and dependences necessary for their exploitation and their maintenance;

9) Airport installations and equipments as well as aerial navigation and dependences allowing their exploitation and maintenance within the limits of the grounds which support them;

10) Installations allowing circulation, production and distribution of energy in all its forms, created with an aim of public utility, with all the dependences necessary for their operation and their maintenance within the limits of the grounds which support them;

11) Installations of telecommunications under all their forms of general interest with the dependences necessary for their operation and their maintenance within the limits of the grounds occupied for the installation of these lines;

12) Constructions and installations of the landing points of the underwater cables connecting Madagascar with other countries within the limits of the occupied grounds;

13) Constructions and installations of the radio communications and television stations as well as their dependences within the limits of the occupied grounds;

14) Headlights, beacons and other installations and infrastructures intended for the security of navigation like their dependences within the limits of
occupied grounds;

15) Works, infrastructures and equipments as well as the natural sites being used for defense of the territory within the limits of the occupied grounds;

16) The religious buildings belonging to the State, under the conditions defined by the legislation on the regime of the worships and the objects which depend on it, the whole of the ground on which they are built, the external walls, buttresses and pillars, an access path three meters broad at least and a way of release of five meters broad around of the aforesaid buildings;

17) Monuments concerned with the legislation on the national heritage;

18) Cemeteries and authorized collective burials places.

1. c) Regulatory public landPart of the lawful public land the outbuildings which result from a specific procedure of ranking whose methods are laid down by application decree of this law.

Section 2

Legal Condition

Art. 4 – The public land properties are inalienable, imperceptible and even when they would be registered according to the procedure envisaged by the law on the titled landed property.

Any violation of this rule is sanctioned of a nullity of public order.

Art. 5 – If the alienation included at the same time the private field properties and the public land properties, the nullity expected in article 4 would reach only these last.

Art. 6 – The public land properties is subordinate to moral persons mentioned in the article first who can have it freely only from the day when these properties regularly cease filling their destination or were the object of a reclassification.

Art. 7 –   The right which was drawn up under the article 2 are divided into the following way

between the moral persons mentioned in the article first:

a-  the natural public land is in dependence of the State;

b-  the artificial field is in dependence of the legal person whose budget has

equipped for the acquisition, installation and maintenance costs.

Art. 8 – If individual’s properties were exceptionally arranged in dependence of the public land without preliminary acquisition, it applies to the procedure of expropriation with regard to the determination of the compensation.

The allowance is subjected, as from the date of effective taking possession, to the four-year forfeiture for the creditors domiciled in Madagascar and to the quinquennial forfeiture for the creditors living out of Madagascar and this under the conditions envisaged by the financial regime in force.

Art. 9 – When incorporation to the public land occurs subsequently of usual immersion, for a thirty years minimal period, of grounds having up to that point been the object of an appropriation in a private capacity, the dispossessed owners lose definitively and irrevocably all rights on the plots covered by waters without having a claim to any allowance if the aforementioned invasion is the result of a natural cause.

In case of the natural abandonment of its ancient bed by a river, the waterfront owners have a preemptive right for acquisition of this ancient bed property, on the part determined by perpendicular lines drawn from the two ends of the bordering limits of their respective properties, on the halfway line of the abandoned bed.

The procedure of acquisition is fixed by the law on the private field of the State.

Art. 10 – The public land encumbers the waterfront funds of public easement whose nature and importance are given according to the destination assigned to the territory portions incorporated in this field. This easement can result only from texts lawfully taken.

No allowance is due to the owners because of these easements. However if it is necessary for their exercise to carry out the destruction or the demolition of buildings, fences or plantations, it results from the encumbered owners an allowance fixed as regards expropriation due to public utility.

Art. 11 – The individuals have right to enjoy the public land, in condition of exerting this pleasure only under the special conditions with each nature of properties and according to the use for which they are intended, the whole within the limits fixed by the administrative regulations.

TITLE II

CONSERVATION AND MANAGEMENT OF THE PUBLIC LAND

CHAPTER I

THE PUBLIC LAND POLICE

Art. 12 – The infringement of the regulations concerning the police, the conservation and

the use of the public land which are promulgated by the authority lawful act of which raises the public land are punished of one of fine from 100,000 to 1,000,000 Ariary, without prejudice to the compensation for the caused damage and the demolition of the works unduly established on the public land or in the zones of easements.

The infringements are noted by statements prepared by agents indicated and sworn by the authority of which raises the public domanial dependence, according to methods fixed by order.

These infringments are competence of the administrative jurisdiction.

CHAPTER 2

MANAGEMENT OF THE PUBLIC LAND

Art. 13 – The management of the public land properties can for a general interest cause, be transferred from the legal person who holds them in the hands of the one of the other people aimed to the article first. This transfer takes place under the terms of a decree of the Minister in charge for the Service of the Fields, when it is about a pure and simple transfer without payment of price or unspecified allowance

If the transfer contains the payment of a price or if it causes an allowance at the rate of expenditures or deprivation of the incomes which would result from it for the dispossessed public person, the transfer takes place under the terms of a decree taken in Council of Ministers.

Art. 14 – Are and remain confirmed all the former administrative acts, transferring for the benefit of decentralized communities, of the public domain properties located on their territory and placed under the surveillance of the local government.

Art. 15 – Certain parts of the public land, except for the sea coast and the influences of public highways fixed in article 3 above, can be the object of privative allocations, in the form:

1. a) ) of a concession contract of thirty years maximum duration renewable. The concession contract confers to the recipient the right to exploit an outbuilding of the public land already appropriate to its destination, in condition to maintain this destination or an outbuilding of the public land created by their industry with the possibility of perceiving in time, instead of the conceding administration the incomes which comes from this outbuilding;
2. b) of an authorization of temporary occupation one year renewable, revocable at any time without allowance for a cause of general interest and comprising for the holders, right to use with their exclusive profit in return for royalty, a specified portion of the public land. The occupant can proceed only to precarious and removable installations.

Art. 16 – It can be delivered within the thirty years limit either to the administrations, or at companies or individuals, special permits conferring the right, in return for royalty, to collect the natural products of the ground (demolition or pruning the trees, etc…), to extract from the materials (grounds, stones, sands, etc…), to establish hydrants on the the public domain outbuildings, to exert there hunting and fishing rights.

Art. 17 – In the cases envisaged by the previous articles 15 and 16, concessions, license, or authorizations, can be granted by friendly convention or auction procedure.

The royalty can be stipulated, either in kind, or in cash.
Art. 18 – The concession contracts and the authorizations are competence of the Minister in charge of the Fields Service for the State public land and the representative of the community in the dependence of which the public land is placed.

The cancellation, the resolution or the revocation pertains to the same competence. These various acts are published according to the methods which are envisaged in the text which relates to them.

CHAPTER 3

RECLASSIFICATION OF THE PUBLIC LAND

Art. 19 – The portions of the public land which would be recognized likely to be downgraded will be possible by the authority on which they depend.

The downgraded plots of the public land increase in the private field of the public authority

in the dependence of which they were

CHAPTER 4

RIGHT OF WAY

Art. 20 – A right of way from ten to twenty meters of width according to the places and the circumstances, calculated starting from bank before overflow, is saved on banks of the streams, of the lakes, ponds and lagoons depending on the public domain like on the edge of the islands being in these streams, lakes, ponds and lagoons.

The same easement is also saved only for the completion of the work of maintenance or repair, on banks of the channels, drains and works of all kinds belonging to the public power and dependent on an hydro agricultural accommodation network.

TITLE III PROCEDURE

Art. 21 – Any action brought by the administration interested against the attack on the outbuildings of the public domain, falls within the exclusive competence of the administrative courts.

However, the judge in chambers is qualified to order the expulsion of the occupant

without right nor title on part of the public domain.

The possessory action in front of the courts of common right is opened to the temporary dealers and occupants, for the purpose of defending their right of possession against the thirds’ attacks.
Art. 22 – Any authority having for object the covering of the products, royalties, portions of fruits, participation in the profits of the tangible or intangible public land or the receipt of the rights, actions and claims which depend on it, is introduced by the significance to the debtor of a constraint, issued by the Chief of the state and land district qualified,  aimed and made executory by the President of the administrative court of the properties situation.

The execution of the constraint could be stopped only by an opposition formed by the debtor and justified, with summons on a designated date in front of the administrative court. In this case, the opponent will be held to take up residence in the locality where seat the court.

Art. 23 – The procedures and authorities committed or constant at the request of the State for the regulation of the litigations interesting the public land or the covering of the revenues and royalties of this field are prosecuted in front of the administrative jurisdiction with diligence and by the care of authorities hereafter as legal agents, namely the Minister in charge of the Fields Service or his delegates, the Chief of the Fields Service and the Landed property and the Chiefs of domanial and land district.

For the public land of the decentralized communities, they are

prosecuted with diligence of the the local Executive Chief.

TITLE IV FINAL PROVISIONS

Art.  24  –  The mode of enforcement of this law are established through regulation.

Art. 25 – Are and remain repealed all the former regulations and provisions contrary to the present law in particular the Ordinance n° 60-099 of September 21st 1960

regulating the public domain as well as its subsequent texts.

Art. 26  – The present law will be published in the official Newspaper of the Republic. It will be enforced as law of the State.
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