[…] is necessary in the public interest for the development or to promote public welfare or benefit or
for public defence, safety, order morality or health or for town and country planning;
there is a reasonable justification […];
the State pay prompt and full compensation for the property;
any person who has an interest or right over the property has a right of access to the Supreme Court
[…] for the determination of the interest or right, the legality of the acquisition, the amount of
compensation payable, and for the purpose of obtaining prompt payment of compensation".
According to paragraph 5 of this Article 26, The rights in paragraph 1 are
extensible to owners who are not citizens of Seychelles:
"A law imposing any restriction on the acquisition or disposal of property by a person who is not a
citizen of Seychelles shall not be held to be inconsistent with clause (1)".
In pursuance to the constitutional rights to own property, there have been enacted
additional laws, which preserve this right. The Civil Code, Book II, under the title
"Property and the different kinds of ownership", establishes a related regimen of
rules.
Civil Code of Seychelles Act, 1/01/1976. Laws of Seychelles 1996.
Article 537.1: "Persons shall enjoy the free-right to dispose of the property which belongs to them,
subject to the restrictions laid down bay law".
2: "A Clause restricting the right if disposal of immovable property or of a right
attached to immovable property shall be valid. However, such restriction shall be subject to two
conditions: (a) that there is a serious reason for the imposition of such restriction; and (b) that it
shall only be binding upon transferee during his lifetime".
Article 543: "Property shall be subject to rights of ownership or to a simple right of enjoyment or to
a claim to the benefit of easements thereon".
Article 544: "Ownership is the widest right to enjoy and dispose freely of things to the exclusion of
others, provided that no use is made of them which is contrary to any laws or regulations".
Article 545: "No one may be forced to part with his property except for a public purpose and in
return for fair compensation. The purposes of acquisition and the manner of compensation shall be
determined by such laws as may from time to time be enacted".
Article 546: "The right of ownership of property, whether movable or immovable, shall give the right
to everything that the property produces and to anything that accedes to it either naturally of
artificially. The right is called right of accession".
Article 547: "Natural produce or earnings from land, income from capital, and the young of
animals belong to the owner by right of accession".
Article 26 of the Constitution prescribes some limitations to the right to own
property, one of which is that property can be compulsory acquired by government