The expropriation judge must

Application pratique:

Under this ruling, the expropriation judge must refuse the transfer if the file does not meet the requirements of Article R. 221-1. Marie should immediately request a copy of the expropriation file from the prefecture and check for missing documents (e.g., detailed plot plans, owner notification receipts). She can then file an objection before the judge, arguing the file is incomplete. If successful, the transfer will be refused until the file is properly constituted.

Application pratique:

The case law confirms that the judge must refuse the transfer if the declaration of public utility or the alienability orders are lapsed. Jean should gather evidence of the expiration date (e.g., the original declaration notice) and present it to the expropriation judge before the transfer hearing. He should also notify the prefect in writing that the declaration has lapsed. If the judge agrees, the expropriation process must restart from scratch.

Application pratique:

The ruling clarifies that the judge must order the transfer regardless of whether the owner has previously notified a wish to abandon. Sophie's notification does not accelerate the process; the judge will still review the file's legality. She should ensure the file is complete and all deadlines are met to avoid delays. If the file is valid, the transfer will proceed, and she will receive compensation based on the property's value.