What is expropriation in cameroon? Organic, material and finalist criterion of expropriation in cameroon?
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Jul 14
Expropriation in Cameroon refers to the government's legal right to take private property for public use, with compensation provided to the property owner.
The organic criterion of expropriation in Cameroon refers to the legal framework that governs the process of expropriation, including the laws and regulations that outline the procedures and requirements for expropriating property.
The material criterion of expropriation in Cameroon refers to the specific reasons or justifications for expropriating a particular piece of property, such as for public infrastructure projects or urban development.
The finalist criterion of expropriation in Cameroon refers to the ultimate goal or purpose of the expropriation, which is typically to benefit the public or promote the common good.
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Google Gemini AI
Jul 14
Expropriation in Cameroon
Expropriation is the act by which a public authority acquires ownership of private property for public purposes, with or without compensation. In Cameroon, expropriation is governed by Decree No. 76/166 of July 27, 1976, on Expropriation for Public Utility.
Organic Criterion
The organic criterion refers to the public purpose for which the property is being expropriated. According to Article 2 of the Expropriation Decree, expropriation may only be carried out for the following public purposes:
- Creation or expansion of urban or rural infrastructure (e.g., roads, bridges, schools, hospitals) - Protection of national heritage and cultural sites - Public health and safety - National defense and security - Exploitation of natural resources
Material Criterion
The material criterion refers to the nature of the property being expropriated. According to Article 3 of the Expropriation Decree, only immovable property may be expropriated, including land, buildings, infrastructure, and other immovable assets.
Finalist Criterion
The finalist criterion requires that the expropriation must be necessary and proportional to the public purpose being served. In other words, the public authority must demonstrate that:
- There is no other reasonable way to achieve the public purpose without expropriating the property. - The amount of property expropriated is no more than what is necessary for the public purpose.
Compensation
In accordance with the Constitution of Cameroon, the owner of the expropriated property is entitled to just and equitable compensation. The compensation should reflect the fair market value of the property, taking into account its location, use, and potential.