Section 5
5.
Acquisition and use of rural land.
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Section 1
1.
Peasant farmers, pastoralists and semi-pastoralists engaged in agriculture shall have the right to get rural land free of charge.
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Section 2
2.
Any resident of the region, eighteen years old or more, who wants to engage in agriculture, has the right of rural land holding and use.
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Section 3
3.
Women who want to engage in agriculture shall have the right to get and use rural land.
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Section 4
4.
Rural youths who wish engage in agriculture shall have the right to get & use rural land which is possessed by the community or government. Details shall be determined by the regulation.
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Section 5
5.
A husband and wife has equal right of use of their common land holdings. They do not lose their land holding because of their marriage that they possessed individually before. Details shall be determined by the regulation.
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Section 6
6.
Women house hold heads have full right of use of their land holdings.
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Section 7
7.
Women whose husbands are found being engaged in government services or in any other activities shall have the right to use rural lands.
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Section 8
8.
Underage orphans have the right to use their land holdings through their guardians until they become 18 years old.
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Section 9
9.
The family shall not lose the right of using their holding in case of living in other area or death of the husband or wife or both.
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Section 10
10.
The right of getting land for communal use of both peasant and the pastoralist, that is for grazing, social and cultural affairs and religion shall be reserved.
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Section 11
11.
Any person who is a member of a peasant, semi pastoralist and pastoralist family have the right to use rural land that may be obtained from his family by gift or inheritance or from the competent authority.
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Section 12
12.
Any resident of the region who wants to engage in agriculture shall have the right to get land by settlement.
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Section 13
13.
Aged disabled people and member of physically weak families have land holding and use right.
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Section 14
14.
Government, being the owner of rural land, can change communal rural land holdings to private holdings as may be necessary.
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Section 15
15.
Subject to giving priority to peasants, semi pastoralists and pastoralist.
a. Private investors that engage in agricultural development activities shall have the right to use rural land in accordance with the investment policies and laws at federal and regional levels;
b. Governmental and non-governmental organizations and social and economic institutions shall have the right to use rural land in line with their development objectives.
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Section 6
6.
Rural land Measurement, Registration and certification.
Legal Area
Establishment of a land cadaster/inventory
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Section 1
1.
The sizes of rural lands under the holdings of individuals, communities, governmental and non-governmental organizations shall be measured using cultural and modern measuring equipments; their land use and level of fertility shall be registered in the data base center by the competent authorities established at all levels.
Legal Area
Establishment of a land cadaster/inventory
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Section 2
2.
Rural land holdings described under Sub-Article I of this Article shall be measured by the competent authority and shall be given cadastral maps showing their boundaries.
Legal Area
Establishment of a land cadaster/inventory
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Section 3
3.
Any holder of rural land shall be given land holding certificate prepared by the competent authority which describes the size of the land, land use type and cover, level of fertility and boarders, as well as the obligation and right of the holders.
Legal Area
Establishment of a land cadaster/inventory
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Section 4
4.
Where land is jointly held by husband and wife or by other persons, the holding certificate shall be prepared in the name of all the joint holders. Details shall be determined by the regulation.
Legal Area
Establishment of a land cadaster/inventory
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Section 5
5.
If the house hold head is a woman, she shall be given a land holding and use right certificate in her name for her land holding.
Legal Area
Establishment of a land cadaster/inventory
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Section 6
6.
A women shall get a land use right certificate prepared in her name even her husband is found being engaged in government services or in any other services.
Legal Area
Establishment of a land cadaster/inventory
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Section 7
7.
The possession of underage orphans can be measured and registered and the orphans shall be given land holding certificate in care of their guardians.
Legal Area
Establishment of a land cadaster/inventory
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Section 8
8.
Governmental and non governmental organizations, private investors and social institutions shall be given land hooding certificate.
Legal Area
Establishment of a land cadaster/inventory
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Section 9
9.
When change of possession right is made, the respective change of landholding certificate.
Legal Area
Establishment of a land cadaster/inventory
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Section 10
10.
The information that describes the holder of rural land, the holders of the bordering lands, fertility status of the land, the types of use, rights and obligation of the holder there of shall be registered in the database and kept by the competent authority.A rural land that is held through rent or lease shall be registered by the competent authority. Details shall be determined by the regulation
Legal Area
Establishment of a land cadaster/inventory
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Section 11
11.
A rural land that is held through rent or lease shall be registered by the competent authority. Details shall be determined by the regulation.
Legal Area
Establishment of a land cadaster/inventory
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Section 12
12.
Land holding certificate for communal land shall be prepared in the name of the beneficiary community and be kept at kebele administration office.
Legal Area
Establishment of a land cadaster/inventory
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Section 7
7.
Duration of Rural Land Use Right
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Section 1
1.
The Rural land use right of peasant farmers, semi-pastoralists and pastoralists shall have no time limit.
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Section 2
2.
The duration of rural land use right of other holders shall be determined by the rural land administration laws of the region. Details shall be determined by the regulation.
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Section 3
3.
Holder of rural land who is evicted for purpose of public use shall be given compensation in advance proportional to the development he has made on the land and the property acquired and shall be given land there on.
a. When the rural land holder is evicted by the federal government, the rate of compensation would be determined based on the federal land administration law.
b. When the rural land holder is evicted by regional governments, the rate of compensation would be determined based on the rural land administration laws of the region.
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Section 8
8.
Transfer of Rural Land Use right
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Section 1
1.
Peasant farmers, semi-pastoralist and pastoralist who are given land holding certificates can rent out land for farmers or investors from their holding of a size sufficient for the intended development in a manner that it shall not displace them, The duration of the contract:-
a. From peasants to peasants, the duration shall be up to five years.
b. From peasants to investors, the duration shall be up to ten years.
c. From peasants to those investors who cultivate perennial crops shall be up to 25 years
d. Land described in this article sub article 1. a ,b, c, shall be returned to the land holders when the duration comes to an end based on civil code.
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Section 2
2.
The rental agreement made according to this article sub article 1 has to be accomplished based on the agreement of the family of the land holder and shall be approved and registered by the competent authority as follows.
a. the contract agreement with duration of up to two years shall be registered at kebele Administration office.
b. The contract agreement with duration of more than two years shall be registered at woreda level.
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Section 3
3.
A landholder, using his land use right, may undertake development activities jointly with an investor in accordance with their contractual agreement. The contract agreement shall be approved and registered by the competent authority.
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Section 4
4.
An investor who held rural land by lease may present his use right as collateral.
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Section 5
5.
Any holder shall have the right to transfer his rural land use right through inheritance to members of his family.
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Section 6
6.
Any legal person who is given the right to use land has the right to sale, lease, bequeath and pledge the property produced by his labor or capital on the land.
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Section 9
9.
Re-allocation of rural land
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Section 1
1.
Farmlands whose holders are deceased and have no heirs or have gone for settlement or left of the locality on own wish and stayed over a given period of time shall be re-allocated to landless or who have land shortage peasant farmers, semi pastoralist and pastoralist Details shall be determined by the regulation.
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Section 2
2.
Re-allocation may be undertaken on irrigable land constructed by the expense of the government and held by peasants, semi pastoralists or pastoralists in order to use irrigable land properly and equitably. Details shall be determined by the rule.
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Section 3
3.
Where peasant farmers, semi pastoralist or pastoralists are evicted from their holdings for the purpose of constructing irrigation structure, land re-allocation shall be undertaken to make them get equitable benefit from the irrigation development to be established. Details shall be determined by the regulation.
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Section 4
4.
Individually unoccupied land as well as lands under the possession of community or government which are potential for agriculture shall be re-allocated to landless youths and peasants who have less farm land.
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Section 10
10.
Obligation of Rural land users.
Legal Area
Objective of sustainable land management
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Section 1
1.
A holder of rural land shall be obliged to properly use and protect his land. When the land gets damaged, the user of the land shall lose his use right. Details shall be determined by the regulation.
Legal Area
Objective of sustainable land management
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Section 2
2.
Where irrigation canals are constructed, the holder is obliged to allow the construction of irrigation lines to cross over his land holding if they have to.
Legal Area
Objective of sustainable land management
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Section 3
3.
The holder of rural land shall have the obligation to cooperate when requested by the competent authority to measure and survey his land.
Legal Area
Objective of sustainable land management
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Section 4
4.
Any rural landholder shall have the obligation to notify the competent authority when he abandons at will his land use right. He shall also return his land holding certificate. Details shall be determined by the regulation.
Legal Area
Objective of sustainable land management
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Section 5
5.
The development plan proposed by individuals, investors and governmental and non governmental organizations must not lead to land or environmental degradation, If any person is found guilty of damaging the land or the environment, he shall be subjected to the court and sentenced then after, he shall have the obligation to rehabilitate the land or the environment. Details shall be determined by the regulation.
Legal Area
Objective of sustainable land management
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Section 6
6.
Any investor is obliged to manage the land he held by rent or lease and the natural resource thereon. Details shall be determined by the regulation.
Legal Area
Objective of sustainable land management
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Section 7
7.
Any individual or organization is obliged to properly manage the land and the natural resources there on that he held by rent or lease through out the contract periods. Details shall be determined by the regulation.
Legal Area
Objective of sustainable land management
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Section 11
11.
Determining Minimum Rural Land Holding size and encouraging Land consolidation
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Section 1
1.
Without prejudice to the existing farmer holding or farm plot size of the family, the farm plot to be given in the future shall be as follows:
a. If the plot is meant for rain fed agriculture its size shall not be larger than half a hectare.
b. If it is irrigable land constructed by the expense of the government which is to be given to peasants, pastoralists or semi- pastoralists, the size shall not be larger than half a hectare.
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Section 2
2.
When a rural land is transferred by succession, it shall be accomplished in such a way that the size of the land to be transferred is not less than the minimum size of holding. Details shall be determined by the regulation.
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Section 3
3.
If possession of the divorced spouses is less than the size of the minimum holding and therefore can’t be divided, they shall use the land in common by any means other than subdivision. Details shall be determined by the regulation.
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Section 4
4.
In order to consolidate and make small farm plots convenient for development, farmers are encouraged to voluntarily exchange farm lands. determined by the regulation.
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Sec 5
5.
The information about the farm plots which farmers intend to exchange, shall be disseminated through kebele administration to let other farmers know about it. Details shall be determined by the regulation.
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Sec 6
6.
A settlement and villagization which is undertaken by the request and participation of the community shall be accomplished considering land consolidation.
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Section 12
12.
Dispute Resolution
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Section 1
1.
when dispute arises over rural land holding right, the case shall be brought to kebele land administration committee. The committee shall let the dispute be resolved by negotiation & arbitration through local elders set by the choice of the two parties.
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Section 2
2.
If any one who is not satisfied by the decisions made by the elders according to this article sub article 1, he shall appeal the case to woreda court.
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Section 3
3.
If any one who does not agree with the decision made by the woreda court according to this article sub article 2, he shall appeal the case to the higher court. The decision at this stage shall be final.
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Section 4
4.
If it is believed that there is fundamental error of law in the decisions made according to this article sub article 3 the case shall be seen by regional Supreme Court of cassation
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