Expropriation of a property

Source: BUS Rheinland-Pfalz

Expropriation is a form of state access to land or rights to land. For many public tasks, e.g. the construction of roads or energy supply lines, private land is required to carry out the measure. If an amicable settlement is not possible and the planned project therefore threatens to fail, various laws provide for expropriation.

Expropriation interferes with the basic right to property. Expropriation is therefore only permissible if the land is absolutely necessary for the realization of a project. The project must serve the public good (e.g. road construction, energy supply). Expropriation may only take place in return for appropriate compensation.

Expropriation is preceded by the expropriation procedure. It is usually initiated by an application with justification from the authority that intends to carry out the expropriation. The parties involved in the procedure are the applicant, the property owner and all persons who have a right to the property that is to be expropriated. All parties involved are heard. At an oral hearing, an attempt is made to reach an agreement on the sale of the property. If this is not successful, the competent authority issues an expropriation order. This regulates the legal change (including transfer of ownership) and compensation. If the owner does not agree with the decision or the amount of compensation, they can take legal action.

The expropriation authority issues an execution order to the relevant land registry office to have the change of title entered in the land register.

Expropriation is only permitted on a legal basis and solely for the public good.

Expropriation may only be declared in return for compensation. As a rule, this is paid in cash; in exceptional cases, replacement land may be granted. Compensation for land is based on its market value. As a rule, appraisals by the expert committees are used to determine this value. If there are plants or vegetation on the land, additional valuations may be required, e.g. from agricultural experts.

Expropriation of a property

Process flow

Competent authority

Requirements

Legal basis

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