What is expropriation for public utility purposes in Ivory Coast?
Procedure by which the public authority compels any natural or legal person to the forced transfer of their property rights over real estate, in exchange for fair and prior compensation.
Definition complete
Legal Definition
Expropriation for reasons of public utility is defined by Law No. 2020-624 of August 14, 2020 (Article 238) as the procedure by which public authority compels any person to the forced transfer of their property rights over real estate, in exchange for just and prior compensation.
Conditions
- Expropriation requires the existence of a cause of public utility that is declared and established
- Public utility is declared following public inquiry by decree adopted in Council of Ministers
- The decree designates the properties and zones concerned
- The execution period may not exceed 2 years (3 years for operations provided for in the SDU and PUD)
Phases
Expropriation comprises two phases:
- Administrative phase: declaration of public utility, inquiry, cessibility order
- Judicial phase: determination of compensation by the judge in case of disagreement
Guarantees for the Owner
- Just and prior compensation (before dispossession)
- Right to contest public utility
- Possibility of amicable negotiation before the judicial phase
Sources juridiques
Loi n°2020-624 du 14 août 2020 instituant le Code de l'Urbanisme et du Domaine Foncier Urbain, Articles 238-244 (Titre 625).
Questions frequentes
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Autres termes du glossaire
The ADU (Attestation de Droit d'Usage Coutumier / Customary Right of Use Certificate) is the single, secure document that replaces the former Village Certificate as of January 1, 2025. Established by Decree No. 2021-784 and secured by the SIGFU (Decree No. 2021-862), it requires a triple signature (village chief, CVGFR president, developer) and a unique IDUFCI. The ADU is not a property title: it constitutes a provisional recognition opening the path to the ACD (Arrêté de Concession Définitive / Definitive Concession Decree) — the ACD published in the Land Register IS the Land Title. In practice, the time between ACD signature and its publication in the Land Register is often longer than the official 180 calendar days (BÂTIR N°004, 2022). Published ACD = published Land Title — same legal deed, two stages.
The Rural Land Agency (AFOR — Agence Foncière Rurale) is the public institution responsible for implementing rural land policy in Ivory Coast. It oversees land certification, registration of rural properties, and coordination of boundary demarcation and surveying operations.
Legal document drafted by a notary that formalizes the transfer of land ownership between a seller and a buyer. The notarized deed of sale is mandatory and confers authenticity on the transaction.
Legal entity that must be established with a minimum share capital of 2 million FCFA held by Ivorian nationals, holding an approval from the Minister responsible for Housing and a financial guarantee from a bank or insurance company.
The alienation price is the sum that the buyer must pay to the State to obtain the Definitive Concession (ACD — Arrêté de Concession Définitive) of urban land. Calculated by an ad hoc commission, it corresponds to the market value of the parcel according to the official schedule.