Expropriation: Exception to the Five-Year Valuation Rule for Changes in the Property's Condition

This decision sheds an important light on your property law. Here is what it changes for you.

The situation

Although paragraph 4 of Article 21 of the Order of 23 October 1958 sets limits on the judge's assessment of the value of an expropriated property where the property has been the subject of a previous transfer within less than five years before the decision, the exception to the principle of that ceiling provided for cases where there has been a change in the physical extent or condition of the property, and the revision of the previous assessment, both set out in the same paragraph of the Article, have a common basis: the intention of the legislature not to deprive the expropriated owner of the increase in value acquired by the property since its last transfer. The trial judges may treat as a modification in the physical extent of the property any change that has occurred in the interest attaching to the location of the properties, particularly where the district in which the expropriated properties are situated has rapidly changed from a rural area into an industrial zone.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Scrupulously respect the legal time limits for appeals
• Keep all your supporting documents (titles, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.