Burkinabe Government Clarifies Land Acquisition Procedures for Public Utility Projects

Ouagadougou: The Burkinabe government adopted a decree on Thursday to clarify the implementation of the right of pre-emption and involuntary transfer of land for public utility, aiming to better regulate the procedures necessary for land mobilization in projects of general interest.

According to Burkina Information Agency, the decree specifies that the right of pre-emption allows the State and local authorities to replace the purchaser of a property or a right, acquiring it under the same conditions. For involuntary transfer of real rights, it involves expropriation when related to property rights and withdrawal of enjoyment rights when related to usage rights.

The decree introduces key innovations, including clarifying the procedure for withdrawing enjoyment rights for public utility reasons. It broadens the scope of land withdrawal to any holder of an enjoyment right, whether documented by a title or not, and outlines the steps and deadlines for emergency procedures in involuntary transfers.

Additionally, the decree details the process for taking possession of properties under these emergency procedures. This legislative move aligns with the implementation of Law No. 015-2025/ALT of October 21, 2025, concerning Agrarian and Land Reorganization (RAF), which governs the mechanisms for land mobilization in public utility projects.