Lawyers specialising in forced expropriations
Operamos en toda España y tenemos oficinas -no propias-, a través de diversas colaboraciones, en Madrid, Barcelona, Sevilla, Córdoba, Tenerife y Las Palmas. Si bien no contamos con delegaciones en el resto de territorios, podemos atender su asunto con máxima solvencia.
Forced expropriations consist of the deprivation of private property or of legitimate rights or interests for reasons of public utility or social interest, and compensation must be calculated prior to the execution of the expropriation.
In this way, it should be indicated that the assets or rights that can be expropriated are those assets with patrimonial content that can be transferred to a third party because they are within the trade of things, such as: goods or things, subjective rights (such as usufruct) and legitimate interests (when there is, for example, an expropriation that results in the transfer of an entire population in accordance with the Law of Compulsory Expropriation).
Notwithstanding the above, there are assets or rights that cannot be expropriated, as well as assets or rights that should not be expropriated. Among the former, we find personality rights and public and communal property. On the other hand, what should not be expropriated are assets or property rights that are not strictly indispensable to satisfy the public utility or social interest, given that, in its effect, an abuse of expropriation could occur (with the exception of assets that are necessary in the future, but only when this is already foreseen or programmed).
Our team of expropriation lawyers will be able to advise you, with maximum specialisation, throughout the expropriation and even, once the expropriation has been completed, before the Provincial Expropriation Juries and even before the courts.
Regulation
They are regulated by the Law of 16 December 1954 on compulsory expropriation.
Subjects in the expropriation procedure
The parties involved in a compulsory expropriation procedure are:
- The expropriated person is the owner of the property, rights or interests of patrimonial content that are the object of expropriation.
- The beneficiary is the person who will fulfil the purpose of public utility or social interest that legitimises the expropriation.
The expropriating administration is the legal person holding the expropriation power.
Services we provide in general as compulsory purchase lawyers
Our lawyers specialised in compulsory purchase, will be able to advise the client in each and every phase of the compulsory purchase procedure.
We will intervene, where appropriate, in the formalisation of allegations and challenges to administrative acts aimed at compliance by the expropriating Administration with the requirements prior to compulsory expropriation (declaration of public utility and social interest and the need to occupy property or acquire rights), trying to prevent the expropriation from being carried out.
Services we provide in general as compulsory purchase lawyers
Likewise, and with regard to the valuation of the property to be expropriated, our expert expropriation lawyers can carry out the following actions:
- Appear in person at the drawing up of the Pre-Occupation Act/Occupation Deed for the property in question.
- Drafting of the valuation sheet for the property to be expropriated.
- Supervision of the technical report on the valuation of the property, which must accompany the owner’s valuation sheet.
- To express the appropriate rejection of the Public Administration’s appreciation sheet.
- To challenge the decision issued by the Jurado de Expropiación Forzosa acting before the Administrative Litigation (Contencioso-Administrativo) jurisdiction.
- Intervention in the reassessment procedure by one of our compulsory purchase lawyers.
- Action in the reversion procedure.
- Litigation for non-payment of the corresponding compensation.
Our team of expropriation lawyers provide services throughout Spain, putting themselves at your disposal for the best defence of your interests.
Oficinas *
Sedes
Madrid
28002 Madrid
Tenerife
Córdoba
14008 Córdoba
Las Palmas
Oficinas de representación y colaboradoras
Barcelona
08006 Barcelona
Panamá
Sevilla
41013 Sevilla
Costa Rica
Suite 301 La Julia, Santo Domingo.
Oporto
4150-196 Oporto, Portugal.
República Dominicana
San José, Costa Rica.
París
75006 Paris, Francia
Italia
*Alianzas: Con Utopicus, en Madrid y Barcelona. Con Ignacio Valduérteles, en Sevilla. Con Estudio Jurídico Javier Ernesto Sheffer Tuñón, en Panamá. Con Ernesto Jinesta Lobo, en Costa Rica. Con CRC Advogados, en Oporto. Con Pamina Avocats, en París. Con Justice law Firm, en Italia.
Contacto
- Rellenando el siguiente formulario
- Llamando al 919 017 030
- Ó escribiendo a info@administrativando.es
