Government property

Reference is made to Charles Buhagiar’s article Handling Government Property (September 21).

The bearing of the matter is precisely the fact that whereas one of the concessions was a perpetual emphyteusis (Lowenbrau), the other was – and still is – a temporary emphyteusis (Les Lapins).

Whereas in the case of the former, Government policy and law allow the same Government to redeem or sell the perpetual directum dominium and all other residual rights, in the case of the latter any such redemption or sale can only take place pursuant to a call for tenders or a parliamentary resolution.

Both are emphyteutical concessions, but they are completely different from one another in purpose and scope. When the Government redeems or sells its directum dominium over the site in question all conditions attached to the original deed of concession fall. This was the case for the redemption that took place in the land previously occupied by the Lowenbrau factory, and will be the case for any other perpetual emphyteusis in the future.

To this end the previous administration went as far as even offering any emphyteuta of a perpetual revisable emphyteusis the option to redeem said emphyteusis encumbering Government owned property without the need of waiting for the first year of revision.

This by means of a notice which appeared on the Government Gazzette on January 15, 2008 entitled Notice pursuant to Resolution of Motion 318 of the House of Representatives of the November 19, 2007 – Redemption of Ground Rent.