Regulation to Provide for the Procedure of Allocation and Administration of Land (L.N. No. 31/1997).

Subject

Land & soil

Keyword

Public land Urban land Agricultural land Tax/levy Right of use Land reform Land tenure Lease Contract/agreement Survey/mapping Land-use planning Expropriation Smallholders/peasants Offences/penalties Size

Geographical area

Africa, Eastern Africa, Least Developed Countries, Red Sea & Gulf of Aden

Entry into force notes

The Regulation shall come into effect on the date of its publication in the Gazette of Eritrean Laws (art. 14).

Abstract

The Regulation is made under the Land Proclamation No. 58/1994. It sets out the procedure for the allocation and administration of land and applies to all types of urban and rural land. Land shall be allocated for tiesa, agricultural usufruct or leasehold, on the basis of a master plan. To ensure these rights, right holders shall be given an allocation certificate or lease agreement. To prevent allocation of land to holders with the sole aim of holding land idle, the size of land to be allocated shall be proportionate to the planned aim (art. 3(4)). The citizenship, legal status of associations and the destination of land are the principles on which the eligibility for land allocation is based. Articles 7 to 9 establish the duration of lease, the payment of fees by right holders and criteria for the determination of the rent to be paid (e.g., location and use of land, type and extent of investment over the land). Article 10 sets out the land allocation and registration process. Where land is not put to its designated use during the prescribed period without good cause or it is utilised for a purpose other than that designated for without the approval of the Land Administration Body, allocation or lease shall be cancelled and the land shall be restored to the Government (art. 11). Further provisions concern the cancellation of land allocation if the land is needed for governmental development projects or for national reconstruction. In the latter case compensation shall be paid to the lessee according to the market value of the property built or erected over the land. Final provisions regard the transfer of land in leasehold and the penalties to be applied in case of contravention.

Full text

English

References - Legislation

Implements

Land Proclamation (No. 58/1994).

Legislation | Eritrea | 1994

Keyword: Basic legislation, Land reform, Land tenure, Public land, Right of use, Lease, Foreign land tenure, Cadastre/land registration, Land commission, Agricultural land, Urban land, Use restrictions, Expropriation, Smallholders/peasants, Size

Source: FAO, FAOLEX

Implemented by

Proclamation to Provide for the Registration of Land and Other Immovable Property (No. 95/1997).

Legislation | Eritrea | 1997

Keyword: Land reform, Cadastre/land registration, Land tenure, Survey/mapping, Right of use, Lease, Transfer

Source: FAO, FAOLEX