Expropriation Act: Public Utility and Property Possession

Declaration of Public Utility

Effect

Temporary Occupation, Prior Occupation, Expropriation Act

Temporary Employment (Concept) Art. 52 LE

This allows the expropriating agency advance possession of the property subject to expropriation to:

• Make studies or optional operations of short duration, aimed at collecting data for the formation of the project or for the redesign of the work.
• Establish temporary workstations, roads, workshops, stores and warehouses of materials, and any other work required for construction or repair.

Temporary Employment (Requirements) Art. 53 LE

Requires a resolution stating sufficient reasons, issued in writing by the Governor of the state, federal territory, and the mayors of the respective municipalities within the jurisdiction where the work is executed. This resolution must be logged in the relevant Register Office concerned.

Article 54: Notice thereof in writing must be given to the owner or occupant, if any, at least ten (10) days in advance.

Article 55: Compensation must be provided to the owner for the damage caused, regulated fairly by experts appointed in accordance with the provisions of Article 19 of this Law.

Previous Occupation (Concept) Art. 56 LE

This allows the expropriating entity advance possession of the property subject to expropriation when:

• The work is one of those provided in Article 14.
• It is designated for urgent implementation by the responsible execution authorities.

Previous Occupation (Requirements) Article 56

Requirements include:

1. Valuation of goods by an Appraisal Committee for the purposes of the previous occupation.
2. Agreement by the appropriate court hearing the expropriation trial, after the demand is introduced and if the expropriating entity deposits the amount appraised as the good's value.

NOTE: The result of that assessment will not be challenged by either party, and will only serve to enable the court trying the case to order the previous occupation of the property and ensure payment to the expropriated party.

Further requirements:

• Notice to the owner and occupant, if any.
• Confirmation that no justified objection has been lodged.

NOTE: In this case, the owner may agree with the appraisal done. The Judge shall consummate the act and proceed as if a final sentence had been passed. The act by which the owner agrees to the valuation is irrevocable, even before the approval of the court.