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Chapter 1. Public domain and expropriation
Art. 1444.- Provisions applicable to State property.
(1) Property belonging to the State or other administrative bodies shall be subject to the provisions relating to property privately owned.
(2) Such property shall be subject to the provisions of this Section where it forms part of the pubic domain.
Art. 1445.- Public domain. – 1. Principle.
Property belonging to the State or other administrative bodies shall be deemed to form part of the public domain where:
(a) it is directly placed or left at the disposal of the public; or
(b) it is destined to a public service and is, by its nature or by reason of adjustments, principally or exclusively adapted tot eh particular purpose of the public service concerned.
Art. 1446.- 2. Immovables.
The following property, if owned by the State or other administrative bodies, shall be deemed to form part of the public domain;
(a) roads and streets, canals and railways; and
(b) seashores, port installations and lighthouses; and
(c) buildings specially adapted for public services such as fortifications and churches.
Art. 1447.- 3. Water.
(1) Waterways, lakes and underground accumulations of water shall be deemed to form part of the pubic domain.
(2) The ownership and use of water shall be governed by the provisions of Art. 1228-1256 of this Code.
Art. 1448.- 4. Movables.
Movables which are placed at the disposal of the public by a public service or entrusted to the custody of a public service shall be deemed to form part of the public domain.
Art. 1449.- Limits of public domain.
(1) The competent authorities shall fix the natural limits of waterways and seashores.
(2) Third parties injured by a decision fixing limits may be granted compensation in accordance with the provisions relating to expropriation, where the court is of opinion that the decision of the authorities is not justified.
(3) The court may not revoke such decision.
Art. 1450.- Expropriation and alignment.
(1) The competent authorities may, by way of expropriation proceedings, obtain the land necessary for the creation of roads or streets.
(2) Such authorities may, by way of alignment proceedings, widen or straighten existing roads or streets.
Art. 1451.- Alignment. – 1. Unbuilt land.
Where an alignment plan shows that unbuilt land is within public ways, such land shall forthwith be incorporated to such public ways.
Art. 1452.- 2. Built land.
(1) Where an alignment plan shows that built land is within public ways such, land shall be charged with a servitude do draw back.
(2) The owner of such land may not do any work for the purpose of consolidating any building on such land.
Art. 1453.- 3. Compensation.
The provisions of Art. 1470-1477 of this Code shall apply as regards compensation due to persons whose rights are taken away or restricted under Art. 1451 or 1452.
Art. 1454.- Public domain inalienable.
Property forming part of the public domain may not be alienated unless it has been declared no longer to form part of the public domain.
Art. 1455.- Possession in good faith and usucaption.
Property forming part of the public domain may not be acquired by possession in good faith or usucaption.
Art. 1456.- Concession.
Property forming part of the public domain may be given in concession to private persons, provided that no such concession may have the effect of modifying the purpose of such property.
Art. 1457.- Occupation of public domain.
(1) No property forming part of the public domain may be occupied by a private person except with the authorization of the competent authorities.
(2) Such authorization shall specify whether the person concerned may construct works on the property and the nature of such works.
(3) The authorization shall specify the time for which it is granted and the dues (if any) to be charged.
Art. 1458.- Failure to discharge obligations.
A concession granted under Art. 1456 or authorization given under Art. 1457 may be revoked at any time where the beneficiary fails to discharge his obligations.
Art. 1459.- Right of competent authorities.
(1) Notwithstanding any agreement to the contrary, the competent authorities may at any time order the destruction of any work or the cessation of any activity which impairs the existence or purpose of the property forming part of the public domain .
(2) Any concession granted or authorization given may in such cause be revoked.
(3) Nothing shall affect the right of the person to whom such concession or authorization was granted to claim compensation in accordance with the provisions of the Title of this Code relating to “Administrative contracts”.
Section 2. Expropriation
Art. 1460.- Definition.
Expropriation proceedings are proceedings whereby the competent authorities compel an owner to surrender the ownership of an immovable required by such authorities for public purposes.
Art. 1461.- Other purposes of expropriation.
(1) Expropriation proceedings may be used for acquiring or extinguishing a right of usufruct, a servitude or other rights in rem on an immovable.
(2) Such proceedings may be used for terminating prior to the agreed term a contract of lease relating to an immovable the property of the public authorities.
Art. 1462.- Concession.
Persons who have been granted concessions of whatever nature by the competent authorities may not use expropriation proceedings unless they are entitled to do so under the concession.
Art. 1463.- Declaration of public utility.
The project which renders expropriation necessary shall first be declared to serve the public interest by the competent authorities and a notice to this effect shall be published in accordance with Art. 44 of the Constitution.
Art. 1464.- Concept of public utility.
(1) Expropriation proceedings may not be used for the purpose solely of obtaining financial benefits.
(2) They may be used to enable the public to benefit by the increase in the value of land arising form works done in the public interest.
Art. 1465.- Inquiry.
(1) Where a public inquiry appears to be necessary, the declaration of public utility shall not be made until the public interest has been consulted.
(2) Any interested party may, in the course of such inquiry, express his views or criticize the contemplated project.
(3) The competent authorities shall fix in accordance with regulations the manner and time of such inquiry.
Art. 1466.- Determining land subject to expropriation.
(1) Where it has been declared that a project serves the public interest, the competent authorities shall determine which immovables require to be expropriated to enable the carrying out of the project.
(2) The owners, have owners and usufructuaries shall be personally notified of the contemplated expropriation.
(3) They shall be required to express within a reasonable time fixed by the authorities their views on the necessity of such expropriation.
Art. 1467.- Expropriation order.
(1) Immovables shall be expropriated upon expropriation orders being made.
(2) Such orders shall transfer tot eh competent authorities the ownership of the immovable concerned free of any encumbrance.
(3) Nothing shall affect the claims of third parties against the competent authorities or on the compensation due by such authorities to the owner of an expropriated immovable.
Art. 1468.- Service of order.
(1) An expropriation order shall be served on the owner concerned and on any person whose rights on the expropriated immovable have been entered in the register of immovables.
(2) It shall be served on any person whom the owner designates to the competent authorities as having a right on the immovable.
Art. 1469.- Partial expropriation.
(1) Where part of a building s expropriated, the owner may demand that the whole building be expropriated.
(2) Where part of a land is expropriated, the owner may demand that the whole land be expropriated where partial expropriation renders useless that part of the land which is not expropriated.
(3) The provisions of this Article shall apply as regards their respective rights to the bare owner and usfurcturary of an expropriated immovable.
Art. 1470.- Fixing amount of compensation.
The owner, bare owner and usufructuary of an expropriated immovable and any person who benefits by a servitude on such immovable shall, within one month from having been served with the expropriation order, inform the competent authorities of the amount of compensation they claim.
Art. 1471.- Objection to payment of compensation.
Any interested party may, within the period mentioned in Art. 1470, inform the competent authorities that he objects to the compensation being fixed below a specified amount or paid in fraud of his rights.
Art. 1472.- Dispute on amount of compensation.
Where the competent authorizes do not accept the amount of compensation claimed by an interested party, such amount shall be fixed by an arbitration appraisement committee.
Art. 1473.- Arbitration appraisement committee.
(1) The arbitration appraisement committee shall comprise such members, conduct their proceedings and make their award as prescribed.
(2) It shall have as its sole duty to fix the amount of compensation to be paid by the competent authorities.
(3) It shall not decide on any dispute regarding the rights giving rise to compensation.
Art. 1474.- Amount of compensation. -1. Principle.
(1) The amount of compensation or the value of the land that may be given to replace the expropriated land shall be equal to the amount of the actual damage caused by expropriation.
(2) The amount of damage shall be that which is assessed by the committee on the day when it makes its decision.
Art. 1475.- 2. Elements to be taken into account.
(1) In making its decision, the committee shall take into account any statement which the parties concerned may have previously made regarding the value of the property or rights expropriated.
(2) It shall take into account the increase of value arising from the construction of public works.
Art. 1476.- 3. Elements not to be taken into accounts.
(1) The committee shall not take into account any building or improvement made after the service of eh expropriation order for the purpose of obtaining a greater amount of compensation.
(2) It shall not take into account any speculative increase of value arising from the announcement that public works are to be constructed.
Art. 1477.- Appeal.
(1) An appeal shall lie to the court from the decisions of the committee.
(2) Such appeal shall be made within three months from the decision of the committee having been served on the interested party.
Art. 1478.- Taking possession of immovable.
(1) The competent authorities may not take possession of an expropriated immovable until they have paid the amount of compensation fixed,
(2) Where the owner appeals against the amount fixed by the committee, the competent authorities may take possession of the immovable after having paid such amount to the owner. Any additional sum shall be paid where the court so orders. The court may in no case reduce such amount.
(3) Where compensation is paid by way of land given to the owner in substitution for the expropriated land, such land shall be handed to the owner upon the committee having made its decision, the owner may receive additional compensation in cash where the court so orders.
(4) Where the competent authorities appeal against the amount fixed by the committee, the expropriation order may not be executed until the court makes its decision. The owner shall be reinstated in his rights and need not comply with the expropriation order where the amount of compensation is not finally fixed by the court within one year from the appeal having been made.
(5) Where the amount of compensation is in dispute or an objection is made to its payment, the competent authorities may take possession of the immovable after having deposited the amount to which the dispute or objection relates.
Art. 1479.- Increase of compensation by the court.
(1) Where in the circumstances defined in Art. 1478 (2) the court increases the amount of compensation, such increase shall be paid to the owner within one month from the judgment having become final.
(2) So shall any additional compensation granted to the owner who was given land in substitution for the expropriated land.
Art. 1480.- Conditional expropriation.
(1) The competent authorities may inform all interested parties where a conditional decision to expropriate is made for the purpose of assessing the expenses which the carrying out of the project would entail.
(2) The provisions of the preceding Articles shall in such case apply prior to an expropriation order being made.
Art. 1481.- Liability. -1. Threat of expropriation.
No person may require to be indemnified by the competent authorities for any damage that may have been caused to him by a threat of expropriation.
Art. 1482.- 2. Appraisement expenses.
(1) Expenses arising from the fixing of the compensation shall be borne by the competent authorities where the amount claimed by the interested party and not accepted by the authorities is ultimately found justified.
(2) Such expenses shall be borne by the interested party who has claimed an amount ultimately found excessive to the extent of such excess.
Art. 1483.- Abandoning project. -1. Principle.
Where the project in view of which expropriation was ordered in abandoned, the former owners shall have a right of pre-emption on their former property.
Art. 1484.- 2. Right of pre-emption.
(1) The right of pre-emption referred to in Art. 1483, even in the absence of registration, shall be effective with regard to third parties for a period of one year form the competent authorities reselling the immovable or granting to a third party on the immovable a right in compatible with the carrying out of the project.
(2) The conditions and effects of such right shall be as provided by Art. 1410-1425 of this Code.
(3) Whosoever exercise his right of pre-emption shall have to pay as a price the amount he received in compensation for expropriation.
Art. 1485.- Indirect expropriation. -1. Principle.
The competent authorities may, without using expropriation proceedings, construct works or set up permanent installations on land privately owned, where such works or installations do not seriously impair the rights of the owner or notably reduce the value of the immovable.
Art. 1486.- 2. Application.
The following works may be carried out by way of indirect expropriation:
(a) works executed within less than one month which do not impair the normal exploitation of the immovable; and
(b) installation of underground pipes, aerial lines, poles or pylons.
Art. 1487.- 3. Restriction.
Indirect expropriation may never have the effect of impairing rights on dwelling-houses.
Art. 1488.- 4. Compensation.
(1) In cases of indirect expropriation, the owner may claim compensation for the damage caused by the works and installations done on his land.
(2) Failing agreement with the competent authorities, a claim for compensation shall be barred if it is not made within three years from the work having been done.
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