Expropriation lawyer – defending landlords and tenants

It is essential for the expropriated party to be assisted by a lawyer throughout the various phases and stages of the expropriation procedure. This will ensure that their property rights are protected in the best possible way.

Expropriation is a particularly complex procedure, with a variety of procedural aspects. It requires a thorough understanding not only of the law, but also of strategic and technical issues.

The firm has recognised expertise in this area. Our lawyers specialising in expropriation can help you defend your rights at both the administrative and judicial stages.

The firm ensures that administrative decisions relating to expropriation are legal. If necessary, your lawyer will take all the necessary steps to challenge them before the administrative court.

The firm will defend the interests of the expropriated party, either amicably or before the Expropriation Judge. The aim is to ensure that the expropriated party is compensated for all the losses suffered as a result of the expropriation.

What is expropriation?

Expropriation is the procedure by which a public authority (State, local authority, etc.) forces a landowner (natural or legal person) to hand over his or her property, in the public interest and in return for fair compensation.

What are the different stages in the expropriation procedure?

1. The administrative phase of the expropriation procedure

• The public utility of the operation :

The planned operation justifying expropriation must be in the public interest.

This concept is of paramount importance and is the subject of abundant case law. If it is shown that the operation is not in the public interest, it may be declared illegal.

A public enquiry is opened and conducted by an investigating commissioner. It gives residents the opportunity to make their observations and express their views on the planned operation.

The investigating commissioner then draws up a report inwhich he decides whether the project is in the public interest.

The Prefect (or Minister, as the case may be) then issues a declaration of public utility.

As each project is different, it is important to carry out a detailed analysis on a case-by-case basis. This analysis will determine whether a case should be brought before the administrative courts.

• Land survey :

Depending on the case, the land survey may be conducted during or after the public enquiry.

As part of this enquiry, the investigating commissioner determines both the parcels to be expropriated and the identity of the owners (or holders of real rights) concerned.

The local authority is required to notify the owners of the enquiry by registered letter.

Once the enquiry has been completed, the Prefect issues an order declaring the properties within the expropriation perimeter to be transferable.

Lawyers must ensure that all stages of the enquiry are scrupulously complied with and, if necessary, refer the matter to the Administrative Court.

2. The judicial phase of expropriation

• Transfer of ownership :

Once the project has been declared to be in the public interest and the expropriation order has been notified to the expropriated owner, ownership of the property can be transferred.

The transfer takes place :

• By mutual agreement: the public authority and the expropriated party reach an agreement on the compensation to be paid to the expropriated party;
• By order: in the absence of an amicable agreement, the public authority refers the matter to the Expropriation Judge, who orders the transfer of the property. The order is made in the absence of the expropriated party, who is simply notified of the decision. However, it is possible to appeal.

Once the order has been made, the expropriated party is no longer the owner of the property. He becomes a mere possessor, so that he can, for example, no longer sell or mortgage his property.

However, the expropriated party retains the right to use the property until compensation is paid. This compensation must cover all the losses suffered.

• The compensation offer :

The expropriating authorities are required to send an offer of compensation to the expropriated party by post. This obligation also applies to any tenants.

This offer must cover all the losses suffered as a result of the expropriation.

If no agreement is reached between the public authority and the expropriated party (or tenant), either party may refer the matter to the Expropriation Judge, who will set the compensation to be paid.

Before deciding on the amount of compensation, the Judge will visit the premises. The parties will inform the Judge in writing of all their observations and their assessment of the compensation, and will provide supporting documents to substantiate their position.

THEREFORE

It is absolutely essential that the expropriated party and the tenant be assisted throughout all stages of the procedure to ensure that the expropriator’s property rights are protected and that the owner and tenant are fairly compensated for the losses they have suffered.

Our law firm will be able to guide you through the various procedures, whether in the administrative or judicial phase. Our expropriation lawyers will defend your interests to the best of their ability in the assessment and payment of compensation, whether amicably by negotiating with the expropriating public authority or before the expropriation judge.