Expropriation Law No. 2942 regulates the acquisition of private property by the administration for public benefit.
Conditions of Expropriation
- Public interest decision (by the administration)
- Real consideration (in cash or in installments)
- Legal procedure
Process
- Public interest decision
- Value appraisal
- Notification and compromise offer to the owner
- Agreement → Title deed transfer
- Non-agreement → Value determination case
Price determination case
The administration files a price determination and registration case in the civil court of first instance. The real value is determined by the expert.
Administrative Jurisdiction: Cancellation Case
The property owner may file an annulment case in the administrative court within 60 days because the expropriation decision is not in the public interest or due to procedural irregularities.
Supreme Court and Constitutional Court
AYM, expropriation must be in compliance with the "principle of proportionality" and emphasizes that "fair price" must be paid, otherwise the right to property will be violated.
Urgent Expropriation
Urgent expropriation can be made for certain public services (road, health, defense); The fee is paid later.
Administrative/real estate law lawyer recommended.