276. The promulgation of the law n° 2003-26 of 14th April 2003, amending and completing the law on expropriation for public use, provided a set of guarantees and rights for the victims of expropriation, including notably: A) The exceptional character of the action of expropriation 277. The new law on expropriation establishes the exceptional character of the recourse to the Public Service regarding the practice of expropriation. The new paragraph of Article 1 of this law stipulates that « expropriation can only be carried out in an exceptional manner » and after having observed all the conciliatory measures outlined in the new Article 11. 278. One of the merits of this regulation is to limit the violations perpetrated by the law on the expropriation to the right to property. Similarly, this regulation authorizes the exercise of judicial control on the Public Service by submitting an appeal on the grounds of abuse of power. The new Article 11 has integrated the actions of reconciliation with the fundamental procedural forms, the violation of which may give rise, during judicial appeal proceedings, to the annulment of the expropriation Decree. B) Application of the rule of creative effect of the registration 279. The application, in matters of expropriation, of the principle of creative effect of registration, has major importance for the stability of the transactions linked to landed property. The implementation of this principle is of a nature to unify the system which is applicable to buildings and registered rights. In effect, all that the interested parties have to do is to consult the data in the property register to verify the possessory and material situation of the building in relation to which they intend to make a transaction. Thus, the interested parties can avoid finding themselves, after the purchase and acquisition of the rights, faced with a Public Service opposition based on the fact that it had expropriated a part of the building which is the object of the transaction. C) Creation of the Inquiry and Reconciliation Commission 280. Among the guarantees instituted for the benefit of the two parties involved in the expropriation activity figures the setting up of a Commission of Inquiry and Reconciliation. The objective for putting this structure in place is to provide the Public Service with the opportunity of intervening during the period preceding the promulgation of the expropriation decree, and this by endeavouring to conclude, with the rightful owners and the holders of rights relating to the building, in terms of a future expropriation, an agreement which may transform the expropriation operation into one of amicable sale. This approach tallies with the exceptional character of expropriation instituted by the new paragraph 1 of Article 1 of the law on expropriation. D) Broadening of the field for appeal for retrocession 281. The field of the right of the victims of expropriation to obtain retrocession of the expropriated buildings has been broadened. In effect, it is the responsibility of the expropriation victims to obtain retrocession of the areas acquired by the Public Service. Article 3 of the law n° 2003-26 of 14th April 2003, amending and 62

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