26

Article 26 1. Every person has a right to property and for the purpose of this Article this right includes the right to acquire, own, peacefully enjoy and dispose of property either individually or in association with others. 2. The exercise of the right under clause (1) may be subject to such limitations as may be prescribed by law and necessary in a democratic society - a. in the public interest; b. for the enforcement of an order or judgment of a court in civil or criminal proceedings; c. in satisfaction of any penalty, tax, rate, duty or due; d. in the case of property reasonably suspected of being acquired by the proceeds of drug trafficking or serious crime; e. in respect of animals found trespassing or straying; f. in consequence of a law with respect to limitation of actions or acquisitive prescription; g. with respect to property of citizens of a country at war with Seychelles; h. with regard to the administration of the property of persons adjudged bankrupt or of persons who have died or of persons under legal incapacity; or i. for vesting in the Republic of the ownership of underground water or unextracted oil or minerals of any kind or description. 3. A law shall not provide for the compulsory acquisition or taking of possession of any property by the State unless - a. reasonable notice of the intention to compulsorily acquire or take possession of the property and of the purpose of the intended acquisition or taking of possession are given to persons having an interest or right over the property; b. the compulsory acquisition or taking of possession is necessary in the public interest for the development or utilisation of the property to promote public welfare or benefit or for public defence, safety, order, morality or health or for town and country planning; c. there is reasonable justification for causing any hardship that may result to any person who has an interest in or over the property; d. the state pays prompt and full compensation for the property; e. any person who has an interest or right over the property has a right of access to the Supreme Court whether direct or on appeal from any other authority for the determination of the interest or right, the legality of the acquisition or taking of possession of the property, the amount of compensation payable to the person and for the purpose of obtaining prompt payment of compensation. 4. Where the property acquired by the State under this Article is not used, within a reasonable time, for the purpose for which it was acquired, the State shall give, to the person who owned it immediately before the acquisition of the property, an option to buy the property. 5. A law imposing any restriction on the acquisition or disposal of property by a person who is not a citizen of Seychelles shall not be held to be inconsistent with clause