completing the law on expropriation for public use, stipulates that « the buildings
of which a part had been expropriated for public use shall be purchased in
entirety if the owners so desire, through a formal declaration addressed by
registered mail with acknowledgement of receipt to the party carrying out the
expropriation, within a timeframe of thirty days from the date of reception of the
documents as provided for by Article 13 (new) of the present law ».
E) Guarantee of the rights of the creditors and others owners of Real
Rights
282. The legislator chose to associate the creditors and the others owners of
Real Rights whose rights had been published during all the stages of the
expropriation activities. Thus, Article 11 of the Real Rights Code provides for the
need to associate the creditors and the owners of Real Rights in the
negotiations being carried out before the Inquiry and Reconciliation Commission
on the value of the expropriated building, to guarantee the deposit of a sum of
money for their benefit in order of priority of the proprietors, to summon them at
the moment of instituting proceedings with regard to the evaluation of the
compensation for the expropriation. Failing this summons, the court orders their
systematic introduction.
F) Adoption of personal criteria to determine the compensation for
expropriation
283. Article 4 of the law n° 2003-26 of 14th April 2003, amending and completing
the law on expropriation for public use, grants to the victim of expropriation a
compensation for the expropriation whose value « is fixed on the basis of the
appreciated value of the building according to its consistency and the effective
usage to which it had been put on the date of publication of the expropriation
decree and in relation to the prices in force on that date for comparable
buildings located in the same zone ».
G) Allocation of competence in relation to expropriation to judicial justice
284. Judicial justice is the guarantor for individual rights. The litigation which
relates to the right to property, being an essentially individual right, comes under
the jurisdiction of the civil courts. Towards this end, Article 30 (new) of the law
on expropriation provides that « the lawsuits related to expropriation for public
use, with the exception of appeals on grounds of abuse of power, come under
the competence of the judiciary courts with their different levels… ». Territorial
competence is that of the Magistrates’ Court in the area where the expropriated
buildings are located.
H) Facilitating payment to the victims of expropriation
285. The legislator chose to combine the disputes relating to appropriation and
compensation into a single case which the Public Service is empowered to
introduce in order to determine the amount of the compensation for the
expropriation and to obtain the appropriation of the expropriated building.
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