Procedure of expropriation

Verified 28 November 2025 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

Expropriation is a procedure governed by the law that allows constrain one owner à give up his property (apartment, house, land etc) for the realization of a recognized project of public utility. In return, the owner receives a compensation fair and prior. The expropriation procedure is initiated by a public person. It is divided into a phase administrative and a phase judicial. We present you the information to know.

Expropriation is a mechanism for constrain an owner to give in (transfer ownership) sound good (apartment, house, building, land etc.), in a purpose of public utility and against one compensation fair and prior.

Expropriation shall be carried out when no amicable agreement has been reached, to enable the public persons (State, local authorities, etc.) or private to acquire the goods necessary for the performance of their missions, in particular the performance of public works and urban development. That's what we call a prerogative of public authority.

It is thus a means of forcible assignment of property that can be used against an individual or a legal person.

FYI  

The expropriation must not not be confused with the right of urban pre-emption, which is a priority right to purchase exercised by a municipality on a property put up for sale in an urban area. The pre-emption respect the initial willingness of the owner to transfer his property, while expropriation allows, conversely, to oblige the owner to sell despite his refusal.

All immovable property or immovable rights belonging to a private person (physical or moral) may be expropriated.

In particular:

  • Buildings built or unbuilt (houses, land, apartments, agricultural plots, commercial premises, etc.)
  • Real rights in immovable property (usufruit, bondage etc.)
  • Movable property inseparable from the immovable (e.g. some integrated equipment).

Expropriation may involve the totality good or on a part of this one.

FYI  

It is possible to expropriate a building classified as a historical monument when the owner refuses to carry out the work necessary for its conservation or when the monument is of historical or artistic public interest.

Alone the State has jurisdiction to decide on an expropriation.

She can nevertheless be implemented on demand or at profit other public persons. This is the case, for example, of local and regional authorities or public institutions.

The law may also empower private persons to resort to expropriation. This is the case, for example, with dealers of electricity transmission or distribution works or hydraulic installations.

To resort to the expropriation of property, it is necessary that all the following conditions are met:

  • The operation must have a public utilityfound before the expropriation and following an investigation. Public utility can be declared in all areas, namely social, hygiene, scientific, sporting, educational, environmental, artistic or economic. This is the case, for example, with the creation of communal subdivisions or green spaces, markets, educational or hospital establishments.
    The operation must therefore be of general interest and must not be carried out with the property already held by the expropriator under equivalent conditions. In other words, if the community already has land that could be suitable for the same project, it cannot expropriate an individual simply for simplicity or preference. Expropriation is a last resort.
    Likewise, expropriation must have greater advantages than the disadvantages suffered.
  • The parcels to be expropriated must be determined
  • The owners or rights holders and any interested person by the parcels concerned by the expropriation project must have been searched
  • One compensation fair and prior must be paid to the owner.

The expropriation procedure is divided into two phases, namely administrative phase and one judicial phase.

1Administrative phase

The expropriation procedure begins with an administrative phase which takes place in 4 steps :

  • The preliminary investigation
  • The declaration of public utility
  • The piecemeal survey
  • The transfer order.
Pre-investigation

The purpose of the pre-expropriation investigation is toinform the public on the envisaged project. It allows any interested person to comment or comment on the expropriation.

This consultation stage aims to gather as many opinions as possible in order to inform the administration on thepublic utility of the project before any decision.

FYI  

Prior to the initiation of the preliminary inquiry, the administration may, on an optional basis, consult the public by holding a public debate or referendum.

The preliminary investigation shall take place in several steps :

  1. THEexpropriating must first send a file to the prefect the department where the operation is to be carried out.
    This file must contain, in particular, an explanatory note for the project, a situation plan, a general plan of the works, the main characteristics of the most important works and a summary assessment of the expenses.
    In the event that the project has significant impacts on the environment or human health, it is also mandatory to provide an impact assessment.
  2. One investigative commissioner is then appointed by the Administrative Court. He will be the one who will conduct the preliminary public inquiry.
  3. One prefectural decree is then taken by the prefect, ordering the opening of the investigation.
    This opening is mentioned in the local newspapers distributed in the department and is posted in the town hall where the project is to take place. It shall indicate the time and place at which the public may take cognizance of the file and make comments on a register opened for that purpose.
  4. Subsequently, the investigating commissioner realizes the public inquiry preliminary. This mainly involves setting up a survey register to collect information/comments from the public and to study the technical documents of the project.
  5. At the end of the investigation, the investigating commissioner examines the observations collected, he writes a report with his reasoned conclusions on the project, whether it is favorable to the proposed transaction or not.
    The investigating commissioner forwards the investigation file and its conclusions to the Prefect. A copy of this report is publicly available.

FYI  

As soon as the preliminary investigation is opened, theexpropriating may notify to the owners concerned an offer of compensation and invite them to indicate the amount of their own claim.

Declaration of public utility

In the light of the results of the investigation by the Commissioner-Investigator, if the public utility of the project is identified, the Prefect shall, by order, declaration of public utility (DUP).

FYI  

For certain areas, the DUP can be taken by an order in the Council of State. This is the case, for example, for work to create a motorway, aerodrome or navigation channels with a length of more than 5 km.

The UPD shall indicate:

  • The public interest purpose of the operation
  • The texts on which it is based
  • Any work necessary for its realization
  • The beneficiary of the expropriation
  • The period allowed to carry out the expropriation (maximum 5 years).

The act declaring public utility must be published in the Official Journal if it is in the form of a decree or by posting in the municipalities concerned if it was taken by prefectural decree. There is therefore no individual notification to the persons concerned.

Please note

The act declaring the public utility must take place no later than 1 year after the close of the preliminary investigation. This period may be extended in certain cases.

Parcel survey

The purpose of the piecemeal survey is to:

  • Contradictorily determine the parcels to be expropriated through the establishment of cadastral characteristics and postal addresses, the identification of easements and mortgagesmeasuring surfaces and finding the origin of the property. The identification of the property to be expropriated shall be carried out in the presence and with the participation of the owners concerned.
  • Search owners, holders of real rights and any interested party.

FYI  

The piecemeal survey may be carried out after the declaration of public utility (DUP) or in parallel with the prior public inquiry.

L'expropriating send the prefect a file containing a plot plan of the land and buildings to be expropriated and the list of owners.

The filing of the file must be notified individually the owners on the list contained in the file or their agents, managers, directors, by registered letter with acknowledgement of receipt. This notification is made at the opening of the plot investigation in order to allow the owners affected by the expropriation to make their observations or remarks during the investigation.

Please note

In the event ofundivided, the notification shall be made to each co-divisional. Similarly, notification of the deposit of the parcel investigation file shall be made to theusufructuary and at bare-owner.

The prefect then takes a order initiating the partial investigation. This decree is published in a newspaper distributed in the department concerned and by way of display in the town halls affected by the expropriation operation.

Who shall I contact

At the same time, the prefect appoints a commissioner of inquiry or a commission of inquiry, responsible for the partial investigation.

The Commissioner of Inquiry or the Board of Inquiry shall then give an opinion on theright-of-way the planned works and draw up a report of the operation. This notice shall take into account the observations made by the owners or any person interested in the proposed expropriation in the records made available to them during the investigation.

Assignment Order

As soon as he has received the minutes of the investigating commissioner or the commission of inquiry, the prefect takes a transfer order.

This order must:

  • Designate the properties declared transferable, specifying the nature, situation, capacity and cadastral situation (section, plan number and location)
  • Identify the owners.

The prefect may exclude parcels from the parcel investigation file when they are not necessary or useful for the realization of the project.

Please note

The prefect can increase theright-of-way of the proposed operation, if this increase is justified by the project and remains limited.

The transfer order must be notified, by registered letter with acknowledgement of receipt, to the owners concerned by the expropriation project. Such notification must include time limits and remedies.

Similarly, the assignment order must be transmitted within a period of 6 months at the registry of the expropriation judge.

Warning  

The transfer order is the last act of the administrative phase of the expropriation. However, it does not transfer ownership. At this stage, the owners retain their rights to their property. In the absence of an amicable agreement, it is up to the judicial judge to order the transfer (transfer of ownership) of the property by the expropriation order.

2Judicial phase

The expropriation procedure continues through the judicial phase, the aim of which is:

  • Transfer of ownership by means of an expropriation order
  • To fix the compensation due to the owners in exchange for the transfer of their property.
Transfer of ownership to the expropriator

Once the expropriation project has been declared of public utility and the transfer order has been notified to the owner of the property, theexpropriating shall notify a financial offer to the owner by registered letter with acknowledgement of receipt.

This notification may take the form of a standard letter or a document entitled ‘bid value memory’. This document contains the precise description of the expropriated property (cadastral references, area, situation, etc.), the assessment of the property made by the expropriator, the compensation proposal made to the owner and the elements of calculation and justifications of this estimate.

In the event of agreement on the compensation proposal, the transfer of ownership shall be effected by by amicable agreement between the public person and the expropriated person. This amicable transfer can be made either by notarial deed or by administrative act.

In the absence of an agreement, the public person seizes the expropriation judge at the end of a period of 1 month following the notification of its offer.

In this case, the file transmitted to the judge by the prefect must contain a copy of the following documents:

  • Declaration of Public Utility Act (DUP)
  • Scattered plan of land and buildings
  • Order of the prefect organizing the parcel survey
  • Documents justifying the completion of the collective publication and individual notification formalities for the parcel survey
  • Minutes drawn up following the partial investigation
  • Assignment order or the act in lieu of it dated less than 6 months.

The file may also contain any other documents that the prefect considers useful.

The expropriation judge then makes a expropriation order on the sole basis of that case. The owners are not invited to appear before the judge, nor to make observations or remarks.

The expropriation order has the effect of legally transferring the ownership of the property and the rights in rem (usufruct, servitude, etc.) of the expropriated to the public person.

FYI  

At this stage, the expropriated person can no longer sell, donate or constitute of mortgage on the property.

The lease signed by an occupying tenant also ends.

The expropriation order must:

  • Designate each immovable or part of immovable expropriated
  • Identify the expropriated
  • And indicate the beneficiary of the expropriation.

This order must be notified to the expropriator and against each of the parties concerned. This notification can be made by registered letter with acknowledgement of receipt or through a bailiff (service).

The expropriation order results in the transfer of ownership on the date it is returned. The expropriator then becomes the owner of the property and can no longer give up this property. Similarly, the order terminates the real rights and personal on the property.

The expropriation order must be published in the real estate file. This public register is maintained by the Land Advertising Service in each department.

Who shall I contact

Warning  

As long as he has not been compensated by the public person, the expropriated person retains the enjoyment of the property. Indeed, the transfer of ownership does not allow the taking of possession of the property. This is conditional on the payment of compensation.

Compensation of the expropriated

As soon as the investigation prior to the declaration of public utility is opened, the expropriator may notify to the owners concerned an offer of compensation and invite them to indicate the amount of their own claim.

The expropriated have a delay of 1 month from this notification to reply in writingeither by accepting the offer or by submitting their quantified and reasoned request.

In the event of disagreement, the expropriation judge determines the amount of compensation. The procedure is written and contradictory.

It is divided into several stages:

  1. Each party (expropriated and expropriating) must thus write a brief which contains the surname, first name, domicile, date and place of birth as well as the fact that he is the owner or expropriator, the legal elements of the file (nature of the property, consistency of the property, etc.) and the comparative elements which make it possible to determine the value of the property.
    The judge examines these briefs, as well as the conclusions of the government commissioner, which proposes a reasoned assessment of the compensation due to the expropriated person.
  2. The judge then fixes, by order, a date of the site visit and hearing des parties. The transport on the premises allows the judge to assess the real situation of the expropriated property. It must be made within 2 months of the order being made.
    The visit to the site is made in the presence of the expropriator, the expropriated and the government commissioner. Minutes shall be drawn up following the visit.
  3. Following this visit, the judge will set the date and place of thepublic hearing. At the hearing, the judge hears the parties, namely the expropriator and then the expropriated. He can also hear the government commissioner.
    It is mandatory to be represented by a lawyer for this procedure.
  4. The judge will issue a judgment which will determine the amount of compensation to be paid to the expropriated person, namely:
    • THEprimary allowance which corresponds to the market value of the expropriated property
    • The incidental allowances which are intended to repair other damage resulting from the expropriation (e.g. removal and relocation costs, loss of rental income, loss of parking). Among these allowances, there is theemployment allowance, the depreciation indemnity if the expropriation concerned only part of the property or the indemnity for loss of closure.

The taking of possession of the property will occur after payment of the expropriation indemnity definitively fixed by the judge. The expropriator has a deadline of 3 months to pay or log the allowance. Otherwise, he will have to pay default interest.

FYI  

If, within one year of the final decision fixing the amount of the compensation, it has not been paid or recorded, the expropriated person may ask the judge to rule again on this amount. This request must be made by a lawyer.