The questions below offer a general framework on the expropriation price, de facto expropriation, the period for vacating, and the right of repurchase. In a specific case, the time limits, documents, and the regulations in force are assessed separately.
Showing 1–4 of 4 questions
What can an owner do who finds the expropriation price too low?
The owner can object to the valuation during the price determination process under the Expropriation Law No. 2942.
Comparable sales, the nature of the immovable, the zoning status, the income method, and expert reports are examined technically. An action to determine the price and annulment of the expropriation act are different types of dispute.
If there is de facto expropriation, is the lawsuit always filed in the ordinary courts?
No; the distinction between de facto seizure and legal seizure, and the current case-law distinctions, are important.
Whether there has been physical interference with the immovable, the intensity of the plan restriction, and the chronology of the administrative acts are investigated. The competent judicial forum, and the claims for damages or annulment that can be made, are determined accordingly.
Does a tenant have rights during the period given for vacating an expropriated immovable?
The tenant’s position, the notification, and the vacating procedure are subject to special provisions.
The finalization of the expropriation act, the tenant’s right of use, the presence of cultivated land, and the notifications made to the right holders are investigated. Eviction (tahliye) and receivables arising from the lease relationship are not the same legal issue.
If the expropriation is abandoned, is it possible to get the immovable back?
If the conditions are met, the provisions on taking back or giving back may be assessed.
The administration’s need for the immovable, the date of expropriation, the registration and payment of the price, and the special time limits in Law No. 2942 should be examined. The file of the act is needed to determine the application route.