Rights of expropriated persons

When an owner is expropriated from his principal residence, he has a right to rehousing. The purpose of this right is to avoid a loss of housing or a sudden insecurity of the person expropriated.

The expropriator must therefore propose a replacement housing before forcing the owner to leave the premises.

This dwelling must be decent, i.e. it meets the requirements of health, safety, comfort and energy performance.

Likewise, it must match needs of the expropriated owner. Relocation must include:

• Compatible with the composition of the fireplace (size of the housing and sufficient number of rooms to avoid overcrowding)
• Adapted to the resources of the household (proportional to income).

The expropriator must address at least 2 relocation proposals to the expropriated owner, at least 6 months before he was forced to leave the premises. It then has a deadline of 2 months to accept or refuse the offer of relocation. Silence is acceptance.

Expropriated owners whose resources do not exceed ceilings set for the allocation of low-rent housing (HLM) are priority for:

• be rehoused in social housing (HLM) or equivalent,
• or access to property within the framework of the mechanisms provided for by the legislation on social housing.

The other owners, whose income exceeds these ceilings, have a right of preference for:

• purchase housing or premises put up for sale within the renovation perimeters (urban areas redeveloped following expropriation),
• or be relocated as tenants in these same areas.

The owner is entitled to compensation for the entire loss caused by the loss of the expropriated property. Indeed, expropriation must neither enrich nor impoverish the person concerned.

This is why the expropriated owner receives a primary allowance which corresponds to the market value of his good. This sum is intended to put the expropriated person back in a situation equivalent to that which he occupied before the expropriation.

Some additional ancillary allowances may be added to the principal indemnity where the expropriation results in other distinct damages. This is the case, for example, for the following allowances:

• Employment allowance intended to compensate for the costs associated with the purchase of a replacement property of the same nature as the one expropriated (notary fees, registration fees, guarantees, etc.). Its amount is calculated as a percentage of the principal allowance.

• Removal allowance whether the owner actually moved after the expropriation decision. Its amount is set either on the basis of actual justified costs (invoices) or according to a flat rate.

• Deprivation of enjoyment allowance if the landlord has to leave his home temporarily during development work related to a public interest operation
• Resettlement allowance if the owner has to do work (painting, connections, finishes) to make his new home habitable.

The expropriated owner benefits from guarantees of information and redress, intended to ensure the regularity and transparency of the expropriation procedure.

It is informed at each stage of the expropriation procedureeither collectively (by posting in town hall or publication in the press), or individually by notification. This information allows him to follow the progress of the procedure. Likewise, this obligation to provide information guarantees that the procedure is adversarial in nature, by giving the owner the opportunity to consult the file and to submit his observations or remarks.

The owner also has a right of appeal. He may challenge the declaration of public utility, the transfer order or the expropriation order if he considers that the procedure is irregular or that his rights have not been respected.

The expropriated owner retains the enjoyment of the property, i.e. right to remain in housing, until payment or deposit of the allowances due by theexpropriating.

The retrocession allows the expropriated owner or his successors (heirs) to recover the property when it has not been used for the project ofpublic utility planned.

The right of surrender concerns only expropriated property (apartment, building, house, land etc.). It does not apply to rights in rem in immovable property.

The following conditions must all be met to exercise the right of surrender :

• The property has not received the intended destination declaration of public utility (DUP) within a period of 5 years from the date of the order ofexpropriation or amicable acquisition. This means that the expropriated property has not been used, within this period, for the project of general interest that had justified its expropriation. This is the case, for example, of land expropriated to build a hospital, but left abandoned.
• The request for retrocession must be made within 30 years from the expropriation order.
• The expropriated property must not be the subject of a new declaration of public utility. This one may have an object (project) different from the 1^era DUP.
• The expropriated property must not have been resold to a third party.

The expropriator and the expropriated owner or his heirs must then agree on a repurchase price of the property. The surrender does not consist in repaying the expropriation compensation received, but in fixing a new surrender value for the property concerned.

In the absence of an amicable agreement, the price will be set by the court of law. In particular, it will take into account the characteristics of the parcel to be surrendered (nature, surface area, etc.) and the most appropriate terms of comparison.

The repurchase contract must be signed and the price paid in the month of the price fixing either amicably or by court order. Otherwise, the right of retrocession will no longer apply.

If the expropriated property is not used, within 5 years, for the project of general interest that justified its expropriation, theexpropriating may decide to sell it.

In this case, he must inform the former owner or his heirs by registered mail with acknowledgement of receipt.

From the receipt of this letter, the former owners or their heirs have a period of 2 months for:

• Make known their wish to buy back the property and indicate the purchase price they offer
• Or inform the expropriator that they waive this buyback.

The sale of the property is thus proposed as a priority to the former owner or his heirs.

In case of express refusal (where the owner or his heirs formally indicate that they do not wish to redeem the property) or tacit refusal (when they do not respond within 2 months), the expropriator is then free to offer the sale of the property to third parties.