Property |
Property- Constitution of Haiti |
Property
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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.
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