- In what case does the expropriation apply?
- What are the phases of an expropriation?
- Compensation in case of expropriation of the building
Expropriation has a bad reputation and is often scary to homeowners. It is nevertheless practiced only as a last resort and always includes fair compensation for the expropriated persons, with the possibility of an amicable settlement.
In what case does the expropriation apply?
Expropriation is a very framed procedure which is applied only in case of public utility, insalubrity or danger for the population. It is based on Article 17 of the Declaration of Human Rights where the inviolability of private property is mentioned except in cases of public necessity with for condition of compensating precisely the owner.
only public institutions expropriation can be practiced like the State or local authorities, and this, on private and legal persons. The projects at the origin of this procedure must be justified and unavoidable, without any other solution. We find works such as the construction of a traffic lane, a school, a hospital, housing, the establishment of a sewerage network, urban development, green spaces... In order to evaluate an expropriation, we practice the method the "cost-benefit balance" to ensure that the disadvantages are not disproportionate or excessive.
What are the phases of an expropriation?
The expropriation procedure of the building takes place in two phases.
- The first is administrative with, initially, a survey of public utility initiated by the prefect. A notice is then published in the local newspapers and posted in the municipality mentioning the details of the project so that everyone is informed and can express his observations. The owners concerned are notified by registered letter with acknowledgment of receipt. An investigating commissioner is then in charge of supervising the operations and reporting to the administration. If the expropriation is confirmed, a DUP (Declaration of Public Utility) is issued.
- The second phase is judicial. It is possible for the owner to make a sale amicably with the State, in this case formalities are signed at a notary as for a conventional sale. In case of dispute, it is the expropriation judge of the High Court (Tribunal de Grande Instance) who declares by order the expropriation of the owners concerned. The property of the expropriated is then legally transferred to the State or the community.
Compensation in case of expropriation of the building
Of course, expropriation entitles compensation for the owner. It is the judge, by court order, who sets the amount of the compensation taking into account the prices of the local real estate market. He then sends his price proposal by mail to the expropriated owner. He therefore perceives the price that the sale of his real estate would have brought him under normal conditions. The amount takes into account the value of the property which constitutes the principal indemnity, but also the ancillary indemnities.
If the expropriated party is dissatisfied with the conclusion, he or she may resort to re-evaluation within one year after the first decision.