180 THE ALGERIAN FOREST CODE 



If the declaration of public utility is pronounced, the ex- 

 propriation shall proceed in conformity with Algerian legislation. 



ART. 77. The expropriation of interior holdings within fed- 

 eral forests can be declared of public utility and proceeded 

 with as stated in the preceding article. 



ART. 78. When the State forests are not accessible by means 

 of the highroad or are not sufficiently accessible for felling 

 purposes, a right-of-way 14 across the neighbouring properties 

 can be demanded, on payment of an indemnity proportionate 

 to the damage caused. 



Roads opened, or railroads established for felling purposes 

 in the State Forests, can be declared of public utility and the 

 expropriation of ground shall be pronounced as stated under 

 Art. 76. (See footnote 19, p. 187.) 



ART. 1 06. The study of the surroundings with a view to 

 reafforestation in view of the provisions of Art. 76 of the present 

 law, and all the formalities previous to the declaration of public 

 utility, shall be effected by the Waters and Forests Service 

 under orders given to that effect by the Governor General. 



ART. 107. The declaration of public utility shall be pro- 

 nounced according to the procedure provided by Algerian 

 legislation. 



ART. 108. Owners whose property shall be included within 

 a reafforestation district shall enjoy their rights over the same 

 until the moment when these properties are acquired by the 

 Waters and Forests Service. Such acquisitions can be made 

 either by agreement, or by expropriation, or by means of an 

 exchange. 



PART IV. COMMUNAL AND PUBLIC INSTITUTION FORESTS 



ART. 79. Submission to forest control, as set forth under 

 Art. i, shall only be pronounced so far as the woods of com- 

 munes, public sections 15 of communes, or public institutions 

 are concerned, when these woods are considered fit for regular 

 exploitation by the administrative authority, on the recom- 



14 Or right of eminent domain. 



16 "Section" is an electoral division under the French Republic. 



