When the GPD initiated procedures for the disposal of the site through tender, reference was only made to the expired emphyteusis, despite the fact that the site now incorporated the adjacent foreshore.
A perpetual emphyteusis would have ensured that all revenue be retained by Government.
In the NAOs opinion, the context of the change from perpetual emphyteusis to sale indicated an element of ministerial involvement, for it was after a meeting held with the Minister MFCC and the Permanent Secretary MFCC that the DG GPD recommended disposal through outright sale.
14) Akkermans, above n 2, 280, defines
emphyteusis as 'a property right that entitles one to hold and use an immovable object that is owned by someone else'.
Florez thought that emphyteusis was a liberal institution, not in its feudal roots leading to a divvying up of land among local leaders, but if property was totally concentrated in the hands of the state and was distributed (only for usufruct) among more people.
He applauds the emphyteusis system and considers liberal this measure that leads to the nationalization of land (1980, 967, 971ff.
50)
Emphyteusis, or livello, consisted of a twenty-nine-year renewable lease at a fixed rent, usually five percent of the value of the property at the time the first contract was negotiated.
But emphyteusis is more often used and will be in the future.
Emphyteusis is the right which, for a certain time, grants a person the full benefit and enjoyment of an immovable owned by another provided he does not endanger its existence and undertakes to make constructions, works or plantations thereon that will durably increase its value.
