An expropriation plan is a document issued by an official authority that has made an expropriation decision. It contains the properties and portions of properties that will be expropriated per Article 7 of Expropriation Law No. 20 of 1983.
The document also includes a map of the real estate that has been acquired and any surrounding properties based on the boundary lines of the properties recorded in the Land Registry if the properties have undergone the delimitation and census process within an area’s zoning plan.
Expropriation Law No. 20 permits the cadastral affairs directorates to undertake delimitation and census procedures for expropriated real estate if the properties are located outside a zoning plan. The expropriating entity must inform the relevant cadastral affairs directorate of its decision to delimit and census the land and send along a copy of that decision with the plans. Under the law, if cadastral affairs directorates are aware of an expropriation decision, they are prohibited from approving the separation or merging of property or granting construction approval.
In addition, the law requires the expropriating entity to publish its expropriation decision in the Official Gazette and a local newspaper, including the real estate numbers and where the real estate owners may find a copy of the plans for their expropriated properties.
The plans must show all facilities, trees, and other material rights within the map of the confiscated lands. Under Administrative Judiciary Decision No. 84/2 of 1997, contradictions between the expropriation plans and the reality on the ground are considered a serious legal problem that results in the cancellation of the expropriation decision. At the same time, the administrative judiciary has decreed that it has no jurisdiction over expropriation decisions except in cases where such decisions have serious problems.
In addition, an expropriation plan must come with a document known as an expropriation chart, which includes the real estate numbers, facilities, total surface area, expropriated surface area, and the estimated value of the properties. Expropriating entities must include these documents in their plans if a final expropriation decision is to be issued.
Issued in 1983, the Expropriation Law allowed public entities, such as ministries and local administrations, to expropriate real estate for “public benefit,” such as paving, straightening or widening roads; building public squares, playgrounds, and parks; and constructing waterways, military barracks, oil and gas facilities, and tourism sites.