Reference decision: cc • N° 99-70.128 • 2001-12-12 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The procedure before the expropriation judge, who makes an order transferring ownership of immovable property or real property rights designated by a parcel schedule which he has no power to modify, on the basis of a declaration of public utility and a transferability order which may be challenged in adversarial proceedings before the administrative courts, and who merely ascertains, before ordering the expropriation, that the file transmitted to him by the prefect has been compiled in accordance with the requirements of Article R. 12-1 of the Expropriation Code, is subject to subsequent review by the Court of Cassation providing the guarantees of Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Declaration of the Rights of Man and of the Citizen of 26 August 1789.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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