Article 37: Protection from deprivation of property without compensation
Chapter IV - Fundamental Rights and Freedoms of the Individual
1
No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where provision is made by a law applicable to that taking of possession or acquisition -
a
for the payment of adequate compensation;
b
securing to any person claiming such compensation a right of access to an independent and impartial court or tribunal established by law for the purpose of determining his interest in or right over the property and the amount of any compensation to which he may be entitled, and for the purpose of obtaining payment of that compensation; and
c
securing to any party to proceedings in that court or tribunal relating to such a claim a right of appeal from its determination to the Court of Appeal in Malta:
Provided that in special cases Parliament may, if it deems it appropriate so to do in the national interest, by law establish the criteria which shall be followed, including the factors which shall be taken into account, in the determination of the compensation payable in respect of property compulsorily taken possession of or acquired; and in any such case the compensation shall be fixed in accordance with such criteria.
2
Nothing in this article shall be construed as affecting the making or operation of any law so far as it provides for the taking of possession or acquisition of property -
a
in satisfaction of any tax, rate or due;
b
by way of penalty for, or as a consequence of, breach of the law, whether under civil process or after conviction for an offence;
c
in execution of judgements or orders of courts;
d
by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants;
e
in consequence of any law with respect to the limitation of actions, acquisitive prescription, derelict land, treasure trove, mortmain or the rights of succession competent to the State; or
f
for so long only as may be necessary for the purpose of any examination, investigation, trial or inquiry or, in the case of land, the carrying out thereon -
i
of work of soil conservation or the conservation of other natural resources of any description or of war damage reconstruction; or
ii
of agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable and lawful excuse refused or failed, to carry out.
3
Nothing in this article shall be construed as affecting the making or operation of any law so far as it provides for vesting in the Government the ownership of any underground minerals, water or antiquities.
4
Nothing in this article shall be construed as affecting the making or operation of any law for the compulsory taking of possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate which is established for public purposes by any law and in which no moneys have been invested other than moneys provided by the Government.
Amendment History
1989-07-14 - Amendment regarding compensation for compulsory acquisition of property
Legal Reference: Act XXIII of 1989
Notes
This article protects property rights against compulsory acquisition without adequate compensation and establishes exceptions to this protection.