Cap. 573 Art. 63An action for revocation of a Declaration in a situation where the land has not been acquired.

(1) If land which is subject to a Declaration issued before the entry into force of this Act remains unacquired in terms of one of the manners referred to in this Act and such land has not been used for public purposes for a period of more than ten years from the issue of the

Declaration, whosoever proves to the satisfaction of the Arbitration Board that he is the owner of the land by valid title may ask for the revocation of the Declaration and for the relinquishment of the land.

(2) This action shall be made by means of an application filed in the Registry of the Arbitration Board that shall be addressed against the Lands Authority who shall have the right of reply within twenty days from the day it has been served with the application.

(3) Together with the requests for revocation of the Declaration and the return of the land, one can make a request so that the Arbitration Board liquidates and orders the authority to pay for material damages and moral damages that have been suffered by the owner for all the years that the land has been kept by the Government without anything being done on it.

(4) In order for an application to be heard and decided by the Board, all the persons who are known to have a right of title on such land have to be present during proceedings.

(5) The Arbitration Board shall dismiss the application for revocation of the Declaration if the authority gives valid reasons why the land remained unused for all these years or if it proves to the satisfaction of the Board that there is still public interest in the acquisition of that land.

(6) Everyone shall forfeit his right of action in accordance with this article if he fails to proceed within thirty years from when the Declaration has been issued, provided that if upon the entry into force of this Act, a period of twenty five years already had elapsed from the date of issue of the Declaration, the action shall be filed by not later than five years from the entry into force of this Act. Such periods are peremptory and cannot be renewed.