Expropriation

Expropriation

Expropriation is the forced transfer of ownership to the government in the general interest. For the benefit of society, it may be necessary for lands owned by companies or individuals to be transferred for public purposes, such as residential construction, infrastructure, or nature development. In this case, the individual interest must yield to the general interest. 

When is expropriation permitted? 

The Environmental Act (formerly the Expropriation Act) specifies the cases in which the government may proceed with expropriation and under what conditions. Because expropriation constitutes a far-reaching infringement on property rights, strict legal frameworks apply. Governments must demonstrate, among other things: 

• That the general interest justifies the expropriation; 
• That negotiations for amicable acquisition have failed; 
• That the procedure has been followed diligently. 

In practice, disputes often arise over the amount of compensation and the valuation of the expropriated asset. 

Our expertise in expropriation matters 

Our lawyers have extensive experience in advising both: 

• Governments, in preparing and executing expropriation procedures; 
• Entrepreneurs and individuals, in defending against expropriation or negotiating a suitable compensation payment. 

We provide support in: 

• Negotiation for amicable acquisition; 
• Assessment of the expropriation decision and its justification; 
• Determination and negotiation of compensation; 
• Court procedures regarding legality or compensation. 

Ensuring a balanced outcome 

Whether you are the owner of real estate or considering expropriation on behalf of the government: expert legal guidance is essential. We ensure that your rights are protected and that the process is carried out carefully and purposefully. 

Are you facing expropriation or would you like to initiate a process as a government? Contact our specialists for strategic and legal advice.