Article 1280

In case of a state of emergency, the highest local representative of the State is entitled to take immediate and full possession of any property. In case of a state of emergency which does not apply to the whole of Eritrea, such authorization is only existing in such areas where the state of emergency is in effect.

No more than three months after taking possession the State shall commence expropriating proceedings according to this Chapter unless the owner wishes to reclaim his rights. If the owner does not wish to be reinstated in his full rights justification of expropriation in the national or public interest is deemed present.

Upon request of the State, having heard the summoned owner, if appearing, the competent Court can prolong the term mentioned in sub-Article (2) with no more than three months.

If the owner repossesses his property the State shall indemnify all damages caused by taking possession of the property under sub-Article (1) of this Article.