Remedies Against an Expropriation Decision

In an expropriation process, the owner of the real property has separate remedies available against both the expropriation decision itself and the compensation amount determined.

How Does the Expropriation Process Work?

Under Expropriation Law No. 2942, once a public-interest decision has been taken, the administration first tries to reach a purchase agreement with the property owner. If no agreement is reached, the administration files a lawsuit before the civil court of first instance to have the expropriation compensation determined and the property registered in the administration's name.

Annulment of the Expropriation Decision

The public-interest decision underlying the expropriation is an administrative act and can be challenged through an annulment action before the administrative court. The action allows for review of whether public interest genuinely exists in the expropriation, whether the decision was taken by the competent body, and whether procedural rules were followed. The deadline is sixty days from notification of the decision.

Objecting to the Amount: The Compensation Determination and Increase Action

If the owner considers the compensation set by the administration to be too low, they may, under Article 14 of the Expropriation Law, file an action to increase the compensation before the civil court of first instance within thirty days of notification. This action concerns only the amount to be paid, not the validity of the expropriation itself.

Urgent Expropriation Cases

Under Article 27 of the Expropriation Law, an urgent expropriation procedure may be applied in extraordinary circumstances or where required by national defence needs; under this procedure, the compensation is determined by the court and the administration may take possession of the property more quickly. An urgent expropriation decision can likewise be challenged through an annulment action before the administrative court.

Practical Recommendations

Upon receiving the expropriation notification, assess separately both the lawfulness of the public-interest decision and whether the offered compensation reflects the property's real value; the two actions are filed with different courts and under different deadlines, and planning them together with a lawyer helps prevent a loss of rights.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.