Section 1306.- No prescription can be set up against the State with regard to any property which forms part of its domaine public.

 

Section 1307.- No seizure of State property can be effected, whether such property forms part of its domaine public or not.

 

TITLE II

OWNERSHIP

CHAPTER I

ACQUISITION OF OWNERSHIP

 

Section 1308.- Where land is formed by alluvion, it becomes the property of the riparian owner.

 

Section 1309.- Islands formed in a lake or water-way or in territorial waters, and beds of water-ways left dry, are the property of the State.

 

Section 1310.- If a person has, in good faith, constructed a building upon another person’s land, the owner of the land becomes the owner of the building, but he must pay the constructor for any increase of value accruing to the land by reason of the building.

However, if the owner of the land can show that there has been no negligence on his part, he may refuse to take the building and require that it be removed by the constructor and the land put in its former condition, unless this cannot be done at a reasonable cost, in which case he may require the constructor to buy the whole or part of the land at the market price.

 

Section 1311.- If a person has, in bad faith, constructed a building upon another person’s land, he must return the land after having put it in its former condition, unless the owner of the land chooses to have it returned in its present condition, in which case the owner of the land must pay at his option either the price of the building or a sum representing the increased value of the land.

 

Section 1312.- If a person has, in good faith, constructed a building encroaching on another person’s land, the constructor is the owner of the building, subject to his paying the owner of the land for the use of such land and having his right on the encroached land registered as a servitude. The owner of the land may demand cancellation of the registration if subsequently the building is totally destroyed.

If the constructor of the building is in bad faith, the owner of the land may require that it be removed by the constructor and the land put in its former condition, at the expense of the latter.

 

Section 1313.- If the conditional owner of a piece of land has constructed a building on it and the land becomes afterwards the property of another person by effect of the condition, the provisions of this Code concerning Undue Enrichment shall be applied.