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Assigning of Lands Adjacent to New

Assigning of Lands Adjacent to New Roads
A recent presidential decree assigned desert lands located 2 Km deep on both sides of some of the new roads to the Ministry of Defense (“Decree” or “Decree 233”).[1] The Decree further stipulated that such lands will be deemed as strategic areas of military importance, which means that they cannot be owned by another party. The new resolution does not apply to lands that have been disposed of by state entities before its release.
Background
State property is generally referred to as "public property" (in contrast with private property which is usually used to describe the property of natural or legal persons). In the Egyptian context, however, it is essential to distinguish between several types of state property. The main distinction is between “state public property”, which refers to property or funds allocated for the public interest and which may not be disposed of except for the purpose for which it was allocated, which is the case for real estate assigned for public services for example. On the other hand, “private state property” is property which is owned by state agencies without being tied to a public interest, and could therefore be disposed of in many ways. This is the state ownership version that is closer to the idea of private ownership in that the state may sell or lease the property or dispose of it in other ways, provided it adheres to applicable rules and regulations for sale and lease transactions. The map of state ownership is further complicated by the different regimes that apply to different types of land, even if such lands all fall under the private state property category. For instance, desert lands are regulated by specific legislation, while non-fertile land is regulated by another body of legislation, and fertile agricultural land is subject to yet a different body. Furthermore, some areas– such as the areas in question in Decree 233 – fall under the category of strategic areas of military importance, which means that the state assigns them particular importance and thus prohibiting their ownership by another party, and necessitates adherence to a specific set of rules and standards by owners of lands adjacent to such areas or having an effect on them.
Affected Lands
Decree 233 assigns desert lands located 2 Km deep on both sides of some of the new roads to the Ministry of Defense and decides that such lands will be deemed as strategic areas of military importance. Specifically, the Decree affects 21 new roads, such as the Beni Suef / Zafarana Road, the axis of Dabaa, the Bahariya Oasis / Farafra Road, the Asyut / Sohag / Red Sea Road, and some parts of the regional ring road. It should be noted that the definition of the term "desert land" is to be found in a different legislation, namely Law No. 143 of 1981, which defines it as private state property located two Km outside agricultural and other areas which have been allotted, as well as areas falling two Km outside of cities and villages in the case of desert governorates.[2] This means that although the Decree will affect large areas of land, it will only apply to a very particular type of land, namely desert lands. Furthermore, the Decree does not apply to “public state property”, or lands which have already been disposed of by the state entities before the Decree was issued.
Impact of the Decision
Presidential Decree 233 stipulates that affected lands will be subject to Presidential Decree No. 152 for the Year 2001, a decree determining desert lands of strategic military importance and relevant rules and standards.[3] The two main effects of subjecting the newly assigned lands to Decree 152 are:
  1. the prohibition of the ownership of relevant lands; and
  2. that specific rules will apply to buildings and constructions that may affect those lands that are deemed of strategic military importance. For instance, infrastructure works such as bridges, tunnels and pipes, must take into account the special nature of these. Furthermore, the characterization of these areas as strategic areas of military importance has numerous effects on neighboring facilities, influencing the height these buildings are allowed to have, the distance that must be left unexploited around military sites, and the nature of the buildings that can be established around those areas. Industrial or extractive projects, for example, must take into account how dust and other material exhausted by the project may affect areas of strategic military importance.
Decree 233 has been issued in a context of growing concern with encroachments on state property, especially after several reports pointed out the increase of such encroachments around new roads. Therefore, some of the responses to Decree 233 justified it on the basis that it will give the Ministry of Defense the right to protect the land from encroachment and remove the irregularities and violations found, and try the offenders before military courts. However, deeming an area as a strategic area of military importance and assigning it to the Ministry of Defense is not a prerequisite or a necessary condition for the armed forces to protect such area. For instance, Law on the Protection of Public Facilities tasks the armed forces with the protection of public facilities without assigning those facilities to the Ministry of Defense. Decree 233 stipulates that the Prime Minister shall finish necessary plans for the development of the areas that were allocated to the Ministry of Defense within one year from the issuance of the Decree.
Conclusion
The importance of Decree 233 is that it affects large areas of land and prevents the ownership of such land. In addition, the Decree could affect some of the lands that are not directly subject to it (such as non-desert lands, or land that has been disposed of prior to the adoption of the Decree, or land located more than 2 Km away from the new roads). This is due to the fact that strategic areas of military importance impose some specific rules and standards on lands and constructions in adjacent areas. [1] Presidential Decree No. 233/2016 assigning Desert Lands to the Ministry of Defense and Deeming them Strategic Areas of Military Importance, Official Gazette, Issue 23, 9 June 2016. [2] Law No. 143/1981 on Desert Lands, Official Gazette, Issue No. 35, 31 August 1981. [3] Presidential Decree No. 152/2001 determining Desert Lands of Strategic Military Importance and Applicable Regulations, Official Gazette, Issue 22, 31 May 2001.
A recent presidential decree assigned desert lands located 2 Km deep on both sides of some of the new roads to the Ministry of Defense (“Decree” or “Decree 233”).[1] The Decree further stipulated that such lands will be deemed as strategic areas of military importance, which means that they cannot be owned by another party. The new resolution does not apply to lands that have been disposed of by state entities before its release.
Background
State property is generally referred to as "public property" (in contrast with private property which is usually used to describe the property of natural or legal persons). In the Egyptian context, however, it is essential to distinguish between several types of state property. The main distinction is between “state public property”, which refers to property or funds allocated for the public interest and which may not be disposed of except for the purpose for which it was allocated, which is the case for real estate assigned for public services for example. On the other hand, “private state property” is property which is owned by state agencies without being tied to a public interest, and could therefore be disposed of in many ways. This is the state ownership version that is closer to the idea of private ownership in that the state may sell or lease the property or dispose of it in other ways, provided it adheres to applicable rules and regulations for sale and lease transactions. The map of state ownership is further complicated by the different regimes that apply to different types of land, even if such lands all fall under the private state property category. For instance, desert lands are regulated by specific legislation, while non-fertile land is regulated by another body of legislation, and fertile agricultural land is subject to yet a different body. Furthermore, some areas– such as the areas in question in Decree 233 – fall under the category of strategic areas of military importance, which means that the state assigns them particular importance and thus prohibiting their ownership by another party, and necessitates adherence to a specific set of rules and standards by owners of lands adjacent to such areas or having an effect on them.
Affected Lands
Decree 233 assigns desert lands located 2 Km deep on both sides of some of the new roads to the Ministry of Defense and decides that such lands will be deemed as strategic areas of military importance. Specifically, the Decree affects 21 new roads, such as the Beni Suef / Zafarana Road, the axis of Dabaa, the Bahariya Oasis / Farafra Road, the Asyut / Sohag / Red Sea Road, and some parts of the regional ring road. It should be noted that the definition of the term "desert land" is to be found in a different legislation, namely Law No. 143 of 1981, which defines it as private state property located two Km outside agricultural and other areas which have been allotted, as well as areas falling two Km outside of cities and villages in the case of desert governorates.[2] This means that although the Decree will affect large areas of land, it will only apply to a very particular type of land, namely desert lands. Furthermore, the Decree does not apply to “public state property”, or lands which have already been disposed of by the state entities before the Decree was issued.
Impact of the Decision
Presidential Decree 233 stipulates that affected lands will be subject to Presidential Decree No. 152 for the Year 2001, a decree determining desert lands of strategic military importance and relevant rules and standards.[3] The two main effects of subjecting the newly assigned lands to Decree 152 are:
  1. the prohibition of the ownership of relevant lands; and
  2. that specific rules will apply to buildings and constructions that may affect those lands that are deemed of strategic military importance. For instance, infrastructure works such as bridges, tunnels and pipes, must take into account the special nature of these. Furthermore, the characterization of these areas as strategic areas of military importance has numerous effects on neighboring facilities, influencing the height these buildings are allowed to have, the distance that must be left unexploited around military sites, and the nature of the buildings that can be established around those areas. Industrial or extractive projects, for example, must take into account how dust and other material exhausted by the project may affect areas of strategic military importance.
Decree 233 has been issued in a context of growing concern with encroachments on state property, especially after several reports pointed out the increase of such encroachments around new roads. Therefore, some of the responses to Decree 233 justified it on the basis that it will give the Ministry of Defense the right to protect the land from encroachment and remove the irregularities and violations found, and try the offenders before military courts. However, deeming an area as a strategic area of military importance and assigning it to the Ministry of Defense is not a prerequisite or a necessary condition for the armed forces to protect such area. For instance, Law on the Protection of Public Facilities tasks the armed forces with the protection of public facilities without assigning those facilities to the Ministry of Defense. Decree 233 stipulates that the Prime Minister shall finish necessary plans for the development of the areas that were allocated to the Ministry of Defense within one year from the issuance of the Decree.
Conclusion
The importance of Decree 233 is that it affects large areas of land and prevents the ownership of such land. In addition, the Decree could affect some of the lands that are not directly subject to it (such as non-desert lands, or land that has been disposed of prior to the adoption of the Decree, or land located more than 2 Km away from the new roads). This is due to the fact that strategic areas of military importance impose some specific rules and standards on lands and constructions in adjacent areas. [1] Presidential Decree No. 233/2016 assigning Desert Lands to the Ministry of Defense and Deeming them Strategic Areas of Military Importance, Official Gazette, Issue 23, 9 June 2016. [2] Law No. 143/1981 on Desert Lands, Official Gazette, Issue No. 35, 31 August 1981. [3] Presidential Decree No. 152/2001 determining Desert Lands of Strategic Military Importance and Applicable Regulations, Official Gazette, Issue 22, 31 May 2001.