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Dilemma of expropriation! The expropriation procedure is long and complex. It comprises three main phases during which your possibilities of intervention are real.
The procedure
It is long and complex and is always done on the initiative of the State, for a cause of public utility. It revolves around two main phases: the first, the administrative phase, which will justify the public utility of the project and which will be the basis of the expropriation. The second, legal, does not allow any recourse: it will be a question of negotiating the departure.
The administrative phase
It will begin with a public debate, followed by a public inquiry. This will allow you to influence the progress of the project. The objective: to obtain an unfavorable opinion from the investigating commissioner. You can challenge the declaration of public utility within 2 months, preferably with the help of a lawyer. At the same time, a plot survey will be conducted: its purpose is to precisely determine the plots to be expropriated. This parcel survey gives rise to a transfer order which can be contested within two months.
The judicial phase
This phase no longer allows contestation. This will involve discussing the amount of compensation you wish to obtain in exchange for the expropriation. It will begin with the receipt of an expropriation order sent by the tribunal de grande instance. From that moment, you must send the expropriating party, within one month and by registered mail with acknowledgment of receipt, a request for an offer for the price of your property. If this proposal does not suit you or if there is no response, you can take the case to the expropriation judge within one month. The latter will set the amount of compensation after investigation. You can stay on site until the compensation is paid. In addition, in theory, tenants must be rehoused in equivalent accommodation. Many Grasse customers are affected by the expropriation.
DAMY law firm , Nice, Expropriation and roads, Update 2022.
