Must be quashed for formal defects,

Application pratique:

Under the 1970 Court of Cassation ruling, an expropriation order can be quashed for formal defects if it lacks these mandatory particulars. Mrs. Dupont should immediately check the order against the legal requirements, keep a copy of the notice, and record the date of receipt. She must lodge an appeal with the administrative court within two months of notification, citing the missing formalities. A property lawyer can help draft the appeal and request suspension of the expropriation pending review.

Application pratique:

The case law emphasises strict compliance with expropriation formalities. The developer should request from the seller all documents relating to the abandoned procedure, including the original expropriation order, the parcel inquiry report, and any prefect's certificates. If the order was defective (e.g., missing the inquiry commissioner's opinion), it may have been quashed or could be challenged later, clouding the title. The developer should instruct a notaire to verify the administrative file and, if necessary, obtain a legal opinion before signing the deed.

Application pratique:

The 1970 decision allows a co-owner to challenge the expropriation on formal grounds. Any co-owner can ask the syndic to call a general meeting to decide on collective legal action. The co-owners should engage a property lawyer to examine the notice and file an appeal within two months if required documents are missing. They must keep all correspondence and gather evidence that the formalities were not respected. If successful, the expropriation order would be annulled, forcing the city to restart the procedure correctly.