Expropriation Act Legal Procedures and Valuation

Background of the Opposition (Art. 30 LE)

For violations contained in the Expropriation Act. Expropriation should be total if the partial taking renders the property unusable or unsuitable for its intended uses.

The opposition may be made by the owner of the property or any other person having a property right therein. For these purposes, the trial will address ownership and real rights claimed over the res** subject to expropriation.

Trial Evidence (Arts. 29 and 30 LE)

Where the opposition concerning expropriation has been formulated in the answer, a joint evidentiary period of fifteen (15) days will open for the parties to seek and adduce the evidence they deem appropriate.

Case Relationship and Reports (Sec. 32 LE)

The valuation phase begins the day following the expiration of the evidentiary period and must not exceed sixty (60) calendar days. Upon termination, the Court will set the second day following the presentation of the parties' reports.

Rule on the Request

• Within 30 calendar days following the expiration of the opportunity to report.
• If the applicant fails to appear to provide an answer within the established period.

Appeal Process (Art. 33 LE)

5 Days for Dispatch

Avenue for Settlement (Art. 34 LE)

When judicial authorities declare the need to acquire the whole or part of the property or any other alleged rights, tested in the proceedings and signed the decision, the parties must attend the time set by the court to achieve a settlement regarding the price of the res** subject to the request.

Appraisal Process (Arts. 19 and 35 LE)

Article 35: Appraisal Commission

If that compromise is not achieved, the court will set a date, the third day following the appointment, for the constitution of an Appraisal Commission. This commission shall consist of three (3) Experts responsible for the Final Appraisal, observing the rules of the Code of Civil Procedure. The appraisal will be conducted in a separate file and will proceed regardless of the main trial. Fair price expenditures are borne by the expropriating entity.

Article 19: Expert Appointment

If the Experts appointed by the parties are excused, or if one of the parties could not or did not concur in the appointment of the third Expert, the Court shall make the appointment concerning the party's nominee and the third Expert, or as the case may be.

Performance of the Judgment (Expropriation Procedures: Art. 46 LE and Art. 115 RBV C.)

Once the amount is deemed appropriate or payment has been made clear, the judge will issue the expropriating entity a certified copy of the decision declaring the Expropriation, ordering its registration at the respective registry office, and directing the local administrative authority to formally deliver the seized item to the petitioner.