Pre-emption law lawyer - GOLDWIN Avocats
  • Public lawyer

Pre-emption law lawyer

The Firm defends the interests of pre-empted persons (natural and legal persons) within the framework of pre-emption procedures. This complex procedure, which takes place in several phases, requires the intervention of a lawyer mastering both the procedure before administrative courts as well as those before civil courts, in particular the Expropriation Judge. The Firm has in-depth expertise enabling it to best advise owners on the litigation strategy to adopt, in order to ensure the preservation as well as the protection of their rights. The Firm defends the interests of owners before administrative courts in order to challenge and request the annulment of administrative decisions of preemption or expropriation. Likewise, the Cabinet will be able to enable the owner to obtain the best possible compensation either as part of a preliminary negotiation phase or before the Expropriation Judge.

Pre-emption law lawyer

What is the right of first refusal?

The right of pre-emption is a right conferred on a public person (often the municipality), to acquire a property, when it is put up for sale, in place of another person, for a price that is often good. less than this to which the seller intended to sell his property.

How is the pre-emption procedure carried out?

The declaration of intent to alienate

When the property of a selling owner is located in a geographical area subject to the right of pre-emption, the latter is required to inform the holder of the right of pre-emption of his desire to transfer or alienate his property.

This information is provided (often by the notary) through a declaration of intent to alienate.

The pre-emption decision

Following notification of the declaration of intention to alienate, the administrative authority has two months to take, if it wishes, a pre-emption decision.

This decision must meet certain conditions, and in particular it must indicate the price at which the administration intends to preempt as well as a precise motivation.

The Cabinet will therefore carry out a careful analysis of the pre-emption decision in order to better understand the advisability of seizing the Administrative Judge (on the merits, or in summary proceedings given the urgency) to request the annulment of said decision.

  • Compensation for the right of first refusal

Regarding the price mentioned in the pre-emption decision, several hypotheses are possible:

The price offered by the administration is the same as that of the seller: the sale is perfect, and the seller cannot renounce the sale. It is however possible to challenge this decision before the administrative judge;
The price offered by the administration is lower than the seller’s price:
The seller can accept it, so the sale is perfect;
The seller can refuse it and the administration can then either renounce the acquisition of the property or refer to the expropriation judge to ask him to fix the price of his right of first refusal.

Before rendering his decision, the Judge will visit the scene and the parties will share, in writing, all of their observations, their assessment of the compensation and will provide in this regard the supporting documents on which to base their position.

The Firm will assist you throughout the procedure for setting the price of the pre-emption right in order to ensure the payment of the best possible compensation, whether this is done amicably or before the Expropriation Judge.

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