Country
Madagascar
Sources
InforMEA
Tagging
Administrative, Property
Abstract

The Supreme Court is asked to revoke a decree on the transfer of land’s ownership to the State. The claimant argued that there was a violation of the rights of the defence.

Order n°74-021 on the transfer of unused agricultural land provides that the control of administrative judge addresses competency, form, factual error, error of law, manifest error of assessment and misuse of powers of the act.  The Court noted that the contradictory character of the procedure was respected and all the obligations were executed.

According to article 3 of order n°74-021 of 20 June 1974, when a rural property, bigger than five hectares, was not for five years operated by the owner or its beneficiaries, this property will be transferred to the State. Building a dyke to separate rice fields or constructing a drainage canal does not amount to the development under order n°74-021. Consequently, the request is not founded and is therefore rejected.