Deciphering Property Rights: Private vs. State Ownership Explained

In any nation, the right to own and enjoy property is a fundamental cornerstone of society. Understanding the distinction between “Private Property” and “State Property” is pivotal in ensuring the harmony and well-being of a country’s citizens.

Private Property encompasses both tangible and intangible assets owned by individuals or groups, secured by legally recognized title deeds, and subject to division and lawful trade. Owners of private property hold the prerogative to enjoy and manage their holdings within the constraints established by governing laws. (Read more)

State Property, on the other hand, consists of resources—whether natural or human-made—held in trust for the broader public interest. This category includes land, water bodies, historical sites, infrastructure, and more. It extends to assets acquired by the state through various means, such as purchase, exchange, expropriation, gift, legacy, and legal confiscation.

The crucial question often arises: can individuals claim ownership of state property? The answer hinges on the classification of state property.

  1. Public State Property: Assets intended for public use or the delivery of public services fall into this category. They cannot be sold, encumbered, gifted, or passed down through inheritance. However, they can be leased for infrastructural or public service management concessions, except for national cultural heritage sites.
  2. Private State Property: This type of state property can be traded or leased when it becomes unused or obsolete. Lease agreements must adhere to contractual terms, with a maximum limit of 50 years.

While private state property can be sold or leased to individuals or businesses through land lease agreements or economic land concessions, the use of public state property is strictly regulated. For instance, people may gain the right to use and own land within community areas situated in protected zones (considered public state property) only through land titles, subject to the prior endorsement of the Ministry of Environment. (Read more)

However, encroachments on public roads and riversides, intentional or accidental, constitute illegal possession of state property, carrying potential legal repercussions and fines. It is imperative for individuals to navigate the legal landscape meticulously before occupying or developing property, to avoid any adverse consequences. (Read more)

Understanding the distinctions between private and state property rights ensures that citizens can maximize the use of their assets while upholding the public interest and complying with existing laws.

- Video Advertisement -

Related Post

Mondulkiri Authorities Launch Extensive Crackdown on Illegal Mining with 56 Sites Targeted

In an intensive crackdown spanning just three days, from 3 to 5 November 2024, the Mondulkiri Provincial Department of Mines and Energy, together with other local authorities, successfully intervened at 56 locations identified for illegal mining operations across Mondulkiri province. This major operation underscores Cambodia’s growing commitment to regulate mining activities and protect its natural […]

Cambodian Gov’t Extends Stamp Duty Exemption on Homes Up to USD 70,000 Until End of 2025

The Ministry of Economy and Finance has announced an extension of the stamp duty exemption for transferring ownership or possession of all types of borey housing valued at USD 70,000 or less, continuing this benefit until the end of 2025. This initiative aims to stimulate the real estate market by offering substantial tax relief to […]

Tycoon Ly Yong Phat’s Hydropower Company Suspended for Environmental Violations in Pursat & Koh Kong

The Ministry of Environment has temporarily suspended all activities of Stung Meteuk Hydropower, a company owned by Tycoon Ly Yong Phat, in Pursat and Koh Kong provinces due to multiple environmental violations and non-compliance with legal requirements. The suspension was confirmed in a letter from the ministry dated 2 September 2024. The decision stems from […]

South Korea’s Mugungwha Trust Targets Investment in Cambodia’s Expanding Trust Sector

Mugungwha Trust Co., Ltd., a leading South Korean trust company, has announced plans to invest in Cambodia’s trust sector, aiming to contribute to the country’s economic growth and sector expansion. The company’s President, Mr. Oh Chang-seok, expressed this commitment during a meeting with Samdech Techo Hun Sen on 10 September 2024 in Seoul, Republic of […]

GDT Sets Property Tax Deadline for 30 September 2024

The General Department of Taxation (GDT) has reminded all property owners to fulfil their property and land tax obligations by 30 September 2024. The announcement, made on 31 July 2024, , emphasises the critical importance of meeting this deadline to ensure a smooth tax collection process. To facilitate efficient tax payments, the GDT encourages property […]

Cambodian Senate Approves Landmark Air Transport Law to Boost Aviation Sector

In a significant move to bolster Cambodia’s aviation industry, the Senate has unanimously approved the draft law on international air transport. The approval, achieved with 56 out of 56 votes during the extraordinary session of the Senate of the 5th legislature, was held under the chairmanship of Samdech Techo Hun Sen on 31 July 2024. […]