LAND TENURE AND COLONIZATION 



the alienable lands, if they are destined for public use or for an occupation 

 enabling works in the public interest. Thisma^^ happen when it has by some 

 means been established that military exigencies or those of the public interest 

 render the lands necessary, when the}' are to be used to form or extend 

 urban centres, or when they seem to be too extensive for the needs of the 

 population using them, if the agricultural and agrarian customs of these 

 be taken into account. In all these cases there is an equitable decision as 

 to whether there is occasion to grant compensation. Its amount will al- 

 ways be fixed in accordance with the value of the use of which the occupiers 

 have been deprived. 



All provisions relative to these matters are made by a decree of the go- 

 vernor of the colony, issued after the arguments of those interested have 

 been heard. There is no appeal against such decree. 



Tliird parties holding rights in land, on the terms of Article i, may be 

 expropriated for a reason of public interest, legally recognized, if a just 

 indemnity be paid to them. A decree of the governor declares the existence 

 of such a reason and pronounces the sentence of expropriation. When an 

 amicable settlement with the expropriate is impossible arbiters fix the in- 

 demnity (Article 8). 



The lands in question in Article 2 are burdened with the payment of 

 a land tax which ma}" be lumped with the general tribute due from the na- 

 tive populations. The government of the colony may grant to natives of 

 the colony enjoA-ment of lands of the domain, in proportion to their needs 

 and in return for the payment of an annual due. 



In Article ii it is stated that lands and other real estate and rights 

 relative thereto, in whatever manner they accrue to the domain, to citizens 

 or to strangers or. to anyone within the zone of building lands, are subject 

 to the Italian jurisdictory regime, special provisions as to them being safe- 

 guarded. 



The lands enjoyed by native po]:)ulations by the terms of Article 2 are 

 subject to the regime created by the various customs of the localities in 

 which they are situated. 



Article 13 establishes that except in the case of urban properties the 

 creation and transmission of any right attaching to real estate are forbid- 

 den, as between natives and others. 



Such are the provisions of the decree of 31 January 1909 regarding the 

 jurisdictor\' regime of lands in Erythrea. 



B. — A s;ri cultural Grants. 



Lands accruing to the alienable domain are intended for colonization, 

 the customs and the needs of the native populations being safeguarded. The 

 public authority grants to a certain person the right to enjoy ceitain 

 real estate, for a stated object and period, in accordance with the provisions 

 of Clause III of the decree in question. Analagou.sly the rules relative to the 

 property affect the grantee's rights in the real estate, in the absence of con- 

 trary provision. 



