Expropriation: what are your rights to refuse an undervalued offer and defend yourself before a judge

Expropriation is strictly regulated and is based on a balance betweencollective interest and respect for property rights. “The best thing is to anticipate, to take an interest in the projects that will be implemented in your municipalityspecifies Maître Nicolas Prudhomme, notary. This is the moment when it is possible to have a first exchange with the administration “. If the estimate does not suit the owner, the expropriation judge (independent magistrate of the judicial court) can be contacted for revalue the compensation depending on the market value, the improvements made to the property, or the loss of re-employment (costs of buying another home). On condition of acting within the good deadlines and present a solid backrest.

A regulated but real right to protest

The owner does not no obligation to accept the France Domaine offer. He only signs receipt of the notification, which opens the period for judicial referral. He then has fifteen days to make his disagreement known, then one month to produce his estimated report. “ In this context, the help of a specialized lawyer and a legal real estate expert is strongly recommended. », advises Maître Nicolas Prudhomme. Then, the prefect refers the matter to the expropriation judge. The latter rules on the basis of comparative parts (market price, local sales, notarial expertise, diagnostics, etc.). A independent counter-expertise can be attached to the file: even if it has a cost (often between 800 and 2,000 euros), it can weigh heavily in the final decision, especially in tense areas where official prices are underestimated.

The owner can also group with neighbors to pool legal fees and defend a collective estimate. In some cases, the winning strategy is to negotiate before judgment“ to establish a dialogue with the administration. It has bodies dedicated to protest. In the letters sent during the expropriation phase, it indicates the choices and steps to follow », Specifies the notary. Know that the community, fearing an unfavorable decision, can reconsider increase its offer to avoid conviction. In this case, precise comparisons of similar sales are the best arguments.

Aim for full compensation before the judge

The magistrate does not only set the price of the land. “ In principle, the repair must be complete. It must include a main and accessories. Article L. 321-1 of the expropriation code specifies that “the compensation awarded covers the entirety of the direct, material and certain damage caused by the expropriation” », Indicates Maître Nicolas Prudhomme. He can therefore grant incidental compensation for one forced rehousinga operating loss if the property housed a professional activity, moving costsbut also a enjoyment disorder when the expropriation leads to a breakdown in family life or a loss of use.

The courts increasingly recognize the right to re-employment compensationsupposed to cover notary and transfer costs on equivalent property. According to statistics from specialized courts, the gap between the initial offer and the judgment exceeds 25% to 50% the initial proposal. For the owners concerned, the key remains to not passively undergo the procedure, “ to anticipate by finding out about town planning projects in order to be able to establish a dialogue and prepare for future actions “. And never sign too quickly.