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Declaration of intent to carry out a public interest project ;
Public interest investigations ;
Declaration of public interest ;
Fragmented survey ;
Declaration of Transferability ;
Negotiation of Transferability.
211. The declaration of public interest can be amicably settled or result in a dispute before the
administrative courts which can then resolve it through annulment of the act. The appeal should
be exercised within a period of two (2) months with effect from the date of publication of the act
of declaration of public interest. Within a maximum period of six months after the expiration of
the period of notification, the expropriating authority shall allocate compensation, the amount of
which has been brought to the notice of the transferee to cover all the direct, material and
undisputed injury caused by the expropriation in accordance with the relevant enactments.
212. The withdrawal of lands subject to property possession for public interest may be
followed by a programme of temporary or permanent relocation of the population of which the
project execution must necessitate a displacement. Furthermore, a committee shall be created to
undertake an assessment of the compensation to be paid to the affected parties. In the event of
any disagreement on the amount of compensation, remedies for amicable settlement or litigation
are available for the concerned parties. The withdrawal of the rights of enjoyment, the amount
of compensation for withdrawal, the payment or deposit, the date on which the occupants must
free up the lands shall be subject to an order by the sector Minister responsible for the issue or
the president of the Community Council. Beyond this deadline set by the Order, the land title
holders or the occupants of the lands shall be evicted pursuant to Article 331 of the Law on
Agrarian and Land Reform (RAF).
213. Any occupation without any land titles of a private State property or urban lands
belonging to local authorities is prohibited and eviction does not provide for resettlement or
payment of compensation (Article 154). Lands for housing and those earmarked for other
purposes other than housing that have not been developed after a certain period of time, may be
withdrawn by the committees responsible for such matters. The public authority, after due
notice, can automatically proceed to demolish and reclaim the location at the cost of the
concerned party when the construction or the project has been undertaken on an occupied land
without any right nor title, on State, local government lands or on a private individual’s land or
when it is a building developed with shoddy materials in the case of buildings used for the
general public (Article 224) of the Town Planning Code). Whoever demolishes or causes the
demolition of buildings or facilities without permission to demolish or violates the relevant
legislative or regulatory provisions shall be liable to a fine of between two hundred thousand
CFA francs (200.000) and two million (2.000.000) CFA francs.
214. As part of the implementation of urban development, holders of titles whose buildings
appear on the list of those earmarked for demolition shall receive a fixed compensation in
accordance with the relevant provisions on expropriation for purposes of public interest in return
for buildings transferred to the institution in charge of the development. The same is applicable
to occupants of buildings appearing on the list of the ones earmarked for demolition (Articles
138 et seq. of the Town Planning Code).
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