Expropriation law
Compensation and registration actions of owners whose real estate is expropriated, and actions for real estate taken without expropriation. The attorney’s master’s thesis also lies in this field: abandonment of expropriation and re-acquisition.
In expropriation, the administration first tries to reach an agreement with the owner through purchase; if there is none, it files an action before the court of first instance in civil matters for determination and registration of the compensation. The compensation is determined by experts on the basis of the nature of the property and comparable sales. An annulment action against the expropriation act itself can be brought in the administrative courts.
Matters handled in this field
- Actions for determination and registration of expropriation compensation
- Determination of compensation for real estate with disputed ownership or without a land registry record
- Urgent expropriation cases
- Actions for expropriation of the remaining part
- Actions arising from taking without expropriation
- Full remedy and compensation actions for legal and de facto taking
- Actions arising from temporary occupation
- Requests for abandonment of expropriation and re-acquisition
How does the process work?
- Reviewing the property and the actThe title record, the expropriation decision and the compensation offered by the administration are reviewed.
- Settlement negotiationsIn the administration’s purchase negotiations, it is assessed whether the amount reflects the value of the property.
- Compensation determination actionIn the action filed if no agreement is reached, the site inspection and expert examination are followed and the report is challenged.
- Re-acquisition and compensationThe right of re-acquisition for properties on which work has not begun, and compensation claims for properties taken without expropriation, are considered.
Frequently asked questions
No. If no agreement is reached, the compensation is determined by the court through expert examination.
In case of taking without expropriation, an action can be filed for payment of the compensation or for prevention of the taking.
If work suited to the purpose has not begun within five years of the compensation becoming final, the owner can reclaim the property by returning the compensation received with interest. This right must be exercised within one year from the end of the five years.
The information on this page is general in nature; each specific case is assessed on its own facts.