Expropriation: a single appeal for two orders is possible!

Imagine the scene: you receive two registered letters in one week. The Carpentras town hall informs you that your land, where you have planted olive trees for thirty years, is being expropriated for a road bypass project. On the same day, you learn that the small shed you rent in L'Isle-sur-la-Sorgue is also affected by the same project. Two distinct expropriation orders, but a single project. You want to challenge them, but do you have to bring two separate appeals, with the costs and time that entails? The question is legitimate, yet few landowners know the answer.

The Court of Cassation, in a judgment of 8 December 1976, ruled: no text prohibits appealing against two expropriation orders by a single declaration, provided they occur within the framework of the same project. This decision, rendered under number 75-70.382, is a relief for expropriated parties, but it also imposes strict requirements on the regularity of parcel surveys. In short, you can combine your appeals, but only if the administration has complied with the legal formalities.

In this article, we will dissect this little-known case law, understand what it changes for you, and give you the keys to react effectively if you are faced with an expropriation procedure.

The facts: a story that happens every day

Mr. and Mrs. X are owners of several plots located in the municipality of Carpentras, in Vaucluse. In 1974, the municipality launched a large urban development project requiring the expropriation of several plots. The expropriation judge issued two separate orders, one for one plot and the other for another, both within the framework of the same project. The X couple, considering that the parcel survey formalities had not been complied with, decided to challenge these two orders in a single appeal to the Court of Cassation.

Their lawyer raised two main arguments: first, the magistrate had not verified that the parcel surveys had lasted eighteen days as required by law; second, the survey minutes mentioned incorrect dates, casting doubt on the regularity of the procedure. But the Court of Cassation first had to rule on a preliminary question: is it even possible to challenge two orders in a single appeal?

The administration, represented by the government commissioner, argued that each order was independent and that the X couple should have filed two separate appeals. But the Court of Cassation dismissed this argument: no text prohibits a single declaration for several orders, provided they are linked to the same project. No sooner said than done: the Court examined the merits. And there, surprise: it dismissed the appeal, holding that the parcel survey registers dated 27 June 1974 and the minutes of 11 August 1974 were in proper form. In other words, the X couple lost on the merits, but won on procedure: a single declaration sufficed.

The reasoning of the court — dissected

The heart of the judgment is one sentence: 'No text prohibits expropriated parties from appealing by a single declaration against two expropriation orders issued within the framework of the same project.' This principle of non-prohibition is an application of the rule that what is not prohibited is permitted, a well-known maxim among lawyers. But be careful: the Court does not stop at this affirmation. It then checks whether the substantive conditions are met.

The legal basis of expropriation is the ordinance of 23 October 1958, which lays down the rules for the parcel survey (i.e., the survey that precisely identifies the plots concerned and their owners). Article R 11-4 of this ordinance requires the survey to last at least fifteen days (and up to thirty days depending on the case). In our case, the X couple argued that the survey had not lasted eighteen days as stated in the judgment. But the Court, examining the registers, noted that the survey had indeed been opened on 27 June 1974 and closed on 11 August 1974, a duration of forty-five days. No problem on that front.

What few people know is that the Court of Cassation has a very formalistic reading of the parcel survey. undefined, I have come across cases where the absence of a signature on a register or a missing date was enough to annul an expropriation order. Here, the X couple failed because the formalities were complied with, but the decision reminds us that the judge scrutinises these elements carefully. In other words, if you are expropriated, never neglect the verification of dates and survey durations.

What this changes for you — concretely

For a landlord owner, like someone who owns a flat in L'Isle-sur-la-Sorgue, this decision means that you can challenge several expropriation orders in a single appeal, provided they arise from the same project. Concretely, if the municipality expropriates both your house and your garage, you do not have to multiply the procedures. Saving time and money: one lawyer, one file, one declaration of appeal.

For a tenant, the situation is different. Expropriation targets the owner, but the tenant may be compensated for their loss (moving costs, loss of rent). This decision does not directly change your rights, but it simplifies the procedure for the owner, which can speed up the payment of compensation.

For a purchaser or co-owner, be vigilant: if you buy property in an area at risk of expropriation (ZAC project, road, tramway), check that the parcel surveys have been conducted regularly. A procedural defect can delay the expropriation by several months, or even cancel it. Example: in Carpentras, a bypass project was blocked for two years because the parcel survey had not been displayed in the relevant town halls.

If you are in this situation, you must act quickly: the deadline for appealing an expropriation order is two months from its notification. Once this deadline has passed, you lose all right to challenge. Do not delay in consulting a specialised lawyer.

Four tips to avoid this type of dispute

• Check the parcel survey dates: upon receipt of the order, compare the dates mentioned in the order with the survey registers. A difference of a few days may be enough to invalidate the procedure.
• Keep all correspondence: carefully preserve the order notifications, survey notices, and minutes. In case of a challenge, these documents will be your best allies.
• Consolidate your appeals: if you are expropriated for several properties within the same project, ask your lawyer to file a single appeal. This reduces costs and simplifies the procedure.
• Consult a lawyer before the deadline expires: the two-month deadline is mandatory. Do not try to handle it alone; procedural rules are complex. An initial consultation can save you from losing your rights.

Further reading: related case law and developments

This 1976 judgment is part of a consistent line of the Court of Cassation, which favours a flexible interpretation of procedural rules so as not to hinder access to the judge. One can cite a judgment of 12 July 1967 (No. 66-70.123) which already allowed the joinder of several appeals filed separately. Here, the Court goes further by authorising a single declaration.

On the other hand, the trend of the courts is increasingly strict on the merits: the formalities of the parcel survey are examined with increased rigour. Since 2014, the Council of State has strengthened the publicity obligations of the survey (display in town hall, publication in a local newspaper). This means that if the administration makes a mistake, it risks annulment of the order. For expropriated parties, this is an opportunity: be attentive to these details.

Checklist before acting

1. Have I received the expropriation orders? Check the date of notification. The deadline runs from that date.
2. Do the orders relate to the same project? Look at the purpose: same project, same authority? If so, a single appeal is possible.
3. Did the parcel survey last at least 15 days? Consult the registers at the town hall or ask your lawyer.
4. Is a single appeal sufficient or are multiple appeals needed? In principle, a single appeal for several orders linked to the same project, but it is better to consult a lawyer to confirm.
5. What is the amount of compensation offered? Expropriation entitles you to compensation. If it seems insufficient, you can challenge it in the same appeal.

You find yourself in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →