LOI n° 2008 - 014 sur le domaine privé de l’Etat, des Collectivités Décentralisées et des personnes morales de Droit public

The document, LOI n° 2008 - 014, discusses the private domain of the State, Decentralized Communities, and legal entities under public law in Madagascar. The law was necessitated by the abolition of the presumption of domaniality and the establishment of untitled private land ownership by Law No. 2005-019 of October 17, 2005, which necessitated a revision of the law on the national private domain. This law sets out the new terms for managing its heritage, notably real estate and furniture by the State. The procedure for transferring land from the private domain has been significantly simplified; however, unlike common law, land transfers that are not or insufficiently developed are subject to a resolutory condition of development and governed by a specification determining the conditions of sale and annexed to the transfer deed. The law also improves the provisions of the old law that allowed certain categories of people to benefit from a free plot of land with the aim of bringing them back to the countryside or retaining them there. It also reintroduces the possibility for the State to recognize property rights for occupants who have personally developed the requested plots for ten years. The private domain of real estate and furniture of the State, Decentralized Communities, and public law entities includes all real estate and furniture rights that are susceptible to private ownership due to their nature or the purpose for which they are given. The private real estate domain is divided into two fractions according to the mode of use