What do you need to know if you are subject to an expropriation procedure?💰

What is an expropriation?

Expropriation is a complex process through which the state can take private properties for reasons of public utility — such as the construction of roads, railways, or other works of national or local interest.

Although it may seem like a purely technical procedure, in fact it involves fundamental property rights and a series of procedural steps that must not be overlooked.

1. Preliminary phase

In this phase, the public authority (usually the state or the local administration) prepares the documentation required to declare the project as being of public utility. This includes:

• Preparing feasibility studies and the technical project (highways, railways, etc.);
• Establishing the expropriation corridor — the area affected by the works;
• Identifying the targeted properties and creating a list of owners;
• Issuing the Decision to Initiate the Expropriation Procedure.

2. Issuing the Decision to establish compensation

Prior to issuing the Decision to establish compensation, the following steps must be completed:

• An appraisal report of the properties is prepared by evaluators appointed by the public authority;
• The compensation amounts are deposited into a special account;
• The owners are served a Notification of Intent to Expropriate the properties;
• The expropriation Decision is issued, transferring the right of ownership from the natural or legal persons to the expropriator;
• The Decision to establish compensation is issued.

3. What legal options do you have after the Decision to establish compensation is issued?

• File a court claim to obtain a higher compensation amount than the one established by the expropriator;
• Contest the legality of the decision if procedural deficiencies are identified;
• Request compensation if you have suffered additional damages.

The court claim must be filed within 3 years from the date the Decision to establish Compensation was issued.

Common problems:

• Compensation amounts set below market value;
• Failure to observe proper appraisal standards;
• Lack of consultation with the property owners.

Are you in the middle of an expropriation procedure? Have you received notifications and don’t know what to expect next? Contact us for a personalized legal review.