Property

Property

- Constitution of Haiti

Property

Section H
Property
Article 36:

Private property is recognized and guaranteed. The law specifies the manner of acquiring and enjoying it, and the limits placed upon it.

Article 36-1:

Expropriation for a public purpose may be effected only by payment or deposit ordered by a court in favor of the person entitled thereto, of fair compensation established in advance by an expert evaluation.

If the initial project is abandoned, the expropriation is canceled. The property may not be subject to any speculation and must be restored to its original owner without any reimbursement for the small holder. the expropriation measure is effective upon the startup of the project.

Article 36-2:

Nationalization and confiscation of goods, property and buildings for political reasons are forbidden.

No one may be deprived of his legitimate right of ownership other than by a final judgment by a court of ordinary law, except under an agrarian reform.

Article 36-3:

Ownership also entails obligations. Uses of property cannot be contrary to the general interest.

Article 36-4:

Landowners must cultivate, work, and protect their land, particularly against erosion. the penalty for failure to fulfill this obligation shall be prescribed by law.

Article 36-5:

The right to own property does not extend to the coasts, springs, rivers, water courses, mines and quarries. They are part of the State's public domain.

Article 36-6:

The law shall establish regulations governing freedom to prospect for and work mines, or bearing earths, and quarries, ensuring an equal share of the profits of such exloitation to the owner of the land and to the Haitian State or its concessionnaires.

Article 37:

The law shall set conditions for land division and aggregation in terms of a territorial management plan and the well-being of the communities concerned, within the framework of agrarian reform.

Article 38:

Scientific, literary and artistic property is protected by law.

Article 39:

The inhabitants of the Communal Sections have the right of preemption for the exploitation of the State's land in the private domain located in their locality.

Constitution of Haiti

Republic of Haiti
Territory
Haitian Nationality
Nature of the Citizenship
Basic Rights
Right to life and Health
Individual Liberty
Freedom of Expression
Freedom of Conscience
Freedom of assembly and Association
Education and Teaching
Freedom to Work
Property
Right to Information
Right to Security
Duties of the Citizen
Aliens
National Sovereignty
Territorial Divisions And Decentralization
Communal Sections
Communes
Arrondissements
Departments
Delegates and Vice Presidents
Interdepartamental Council
Legislative Branch
House of Deputies
Senate
National Assembly
Exercise of Legislative Power
Incompatibilities
Executive Branch
President of the Republic
Duties of the President of the Republic
Government
Powers of The Prime Minister
Ministers and Secretaries of State
Judiciary
High Court of Justice
Independent Institutions
Permanent Electoral Council
Superior Court of Auditors
Conciliation Comission
Protection of Citizens
University Academy Culture
Public Finance
Civil Service
Economics and Agriculture
Environment
Family
Armed Forces and the Police Force
Armed Forces
Police Forces
General Provisions
Amendments to the Constitution
Temporary Provisions
Final Provisions
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