Expropriated persons entitled to a right to rehousing

This decision provides important clarification of your family and estate rights. Here is what it changes for you.

The situation

Expropriated persons who benefit from a right to rehousing under the provisions of article L. 314-2 of the French Town Planning Code (code de l'urbanisme) must receive two rehousing offers from the acquiring authority, in respect of premises meeting the standards referred to in that article, before the compensation for occupation is definitively fixed. In the absence of such offers, a Court of Appeal which has not established a clear and unequivocal waiver by the expropriated persons of their right to rehousing cannot allow the application for their eviction on the sole ground that the proceedings on the compulsory purchase compensation were closed without either party having raised the issue of rehousing.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe the statutory time limits for appeals
• Keep all your supporting documents (title deeds, legal instruments, correspondence)
• Plan ahead: preventive advice is always cheaper than litigation

For an analysis of your situation: 30-minute consultation at €70 with Maître Perucca.