Abstract

The state can acquire properties for public utility as stipulated in law No. 74 of 6 July 1974 which lays down procedure of expropriation for public purpose, the issue of  expropriation has evolved over time, expropriation helps the government to achieve some social objectives and bring about development through town panning.

An in such a case a just and fair compensation is needed ranging from pecuniary compensation, compensation in kind etc. The amount of compensation is stated clearly, this expropriation decree itself constitute an administrative guarantee land law of December 16 1987 confirms that the population must concerned in all phase of the evaluation and assessment survey and the chief and notables and they must be aware of the data and time of at least 30 days, in advanced before the day of investigation.

CHAPTER ONE

GENERAL INTRODUCTION

1.1 Introduction

In Cameroon, The state can acquire movable or immovable property by contract.it therefore uses mechanisms such as Administrative contract procedures, or methods of coercion or force assignment. Hence Expropriation is one of these methods of force transfer.  Law No.74 of 6 July 1974 lays down the procedure concerning expropriation for a public purpose and the terms and conditions of compensation. Expropriation is the taking of privately owned property by the Government under eminent domain for public purpose.

This means that the consent of the owner is not required, but they must be given ”just compensation’ ‘for their property. Recent studies have found that compensation procedure remain long complicated. The government has been putting in measures to ensure that the public purpose and just compensation should be implemented.

In 1974, the territorial assembly  of Cameroon legally recognized land tenure and state lands system and mindful of law NO 85 of 4 July 1985 has lay down the procedure governing state expropriation of lands in the territory of the republic of Cameroon given that such action is to benefit the public and of general interest. This law has therefore legalized and empowered the state to expropriate land in Cameroon.

1.2. Background To The Study

1.2.1 The period prior to European intervention 

Before the German intervention and annexation in Cameroon, customary law was characterized by diversity and variations from one tribe or ethnic group to another; they all shared broad but common principles of land tenure. First as they considered land to belong to a vast family of which many are dead, few are still living and countless unborn.

Land was owned by a family, community, or a village as a whole sees the case of Haldene in Amodu Tijani.v secretary of state Nigeria. Africans in general and Cameroonians in particular never developed any notion of expropriation of their lands by the state as this right of ownership was treated by their customs as legal entities that need not to be violated and taking away from them.

1.2.2 The period from European annexation

The Germans arrived the territory and started their rule over Kamerun on the 12Th  of July 1884,  lands were often expropriated without just compensation as they considered all lands as mastered land belonging to the administration.by degree of march 27 1888 relating to acquisition, the loss and the limitation of the land rights. Also the Order of 12 November 1901 of the chancellor of Reich. and this procedure was governed by the land and native ordinance in Cameroon under British guardianship.

Apart from the German and British history, the other is that of the French under the old French regime, the expropriation procedure was based on ”public necessity”. And following the Declaration of Human Rights in its article 27 of August 1789 provided that property is an inviolable and secret right and that no

One can be deprived of it EXCEPT when public need, legally established, obviously requires it and under the condition of a just and prior indemnity. the French code finally establishes it by stating that no one can be force to cede his property if it’s not for reasons of public interest and with just and prior compensation and it’s from this French history that Cameroon laws have rid and now implemented.

From the period of colonial rule, starting from the German, British and the French up till independence, each of these colonial powers evolved its own ways of expropriation until 1974 ordinance fixing the land regime which is now applicable in Cameroon today. All these constant and permanent legal provisions essentially constitute a legal legacy and history from the colonial periods.

1.3 Problem Statement

In Cameroon, information on the number of expropriates land for the reason of public purpose is difficult to gather and often inconsistent, it’s clear however that the state have been involved in the expropriation of private land in Cameroon and forceful taking. research have shown that the need to create more facilities especially in the domain of educational, social , health and hygiene, economic and field of town and country planning has been the reason why the state has engage in massive expropriation of land in Cameroon.

Formal expropriation of land in Cameroon is more common in urban areas than in the rural areas. Such as in the towns of Douala, Buea and Yaoundé where the state is playing a significant part in the expropriation of indigenous land heritage without just and fair compensation and from data collected, most often the procedures to expropriate are usually not followed.  the property owners are left without home as the state often do not reestablished and resettled them to new places where they can settle.

Expropriation is more of an infringement on property rights of individual. however measures have been put in place and laws to ensure that the evicted land owners be given a fair and just compensation if possible resettle them to new area BUT yet, expropriation of land/ property for public purpose is still a major problem on the individuals as its often an infringement to their property rights of and its becoming a common and increasing practice since the 1974 ordinance governing expropriation procedure in Cameroon till date.

1.4 Research Questions

1. What is the legal framework that applies to the expropriation for public utility purpose in Cameroon?
2. What are the conditions to expropriate the private property of individuals by the state in Cameroon?
3. What is the procedure of expropriation of property rights by the state in Cameroon?
4. What are the effects of the expropriation of private land by the state for public utility purpose in Cameroon?

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