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LOI N° 2008-013 sur le domaine public
The document "Law No. 2008-013 on the Public Domain of Madagascar" discusses the alterations made to the land governance policy of Madagascar. The law primarily focuses on the revision of the ordinance regulating the public domain, following the cancellation of the principle of presumption of domainiality and the establishment of untitled private land ownership through Law No. 2005-019 of October 17, 2005. The law emphasizes the management of the strip of land adjoining the seashore, known as the geometric steps zone, and the need to simplify its legal regime due to observed management difficulties. The law reaffirms the existence of the State's coastal public domain in the form of a public easement of passage 25 meters wide along the seashore, which renders the lands within this strip unavailable. The law further defines the public domain as comprising all immovable property that serves the use, enjoyment, or protection of all and cannot become private property while remaining as they are. The public domain is subdivided into three main fractions: the natural public domain, the artificial public domain, and the regulatory public domain. The law also specifies the components of the natural public domain, including territorial sea, seashore, a coastal strip of a width of 25 meters, salt ponds and salt marshes, channels and estuaries, as well as lakes and ponds. The public domain status of these entities is determined by the limit of the highest waters, without overflowing.
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