Expropriation

The various authorities may proceed to expropriation of buildings and land, for reasons of public benefit or general interest, for example to erect buildings or to construct roads and sewers.

(The creation of the Palace of Justice in Brussels was accompanied by the expropriation of the century, it is not clear how it was arranged).

1. An expropriation can only take place with the authorization of the competent government body and this if the board has demonstrated that there is a need to proceed with expropriation in the public interest, and any urgency.

There were two types of expropriation procedures, namely the expropriation procedure under ordinary law (Laws 17 April 1835 and 27 May 1870) and the expropriation procedure in urgent cases (Law 26 July 1962).

A new expropriation decree has been applicable for Flanders since 1 January 2018, eliminating this distinction. The preceding phase with negotiations to arrive at a settlement is emphasized more.

It provides for greater involvement of all "players" in the preliminary phase, and an immediate judicial review of regularity.

2. In the absence of a settlement, a summon will be served before the justice of the peace.

This procedure is very fast and has two stages. After the first appearance of the parties on the spot, the justice of the peace has 48 hours to pass a "first judgment", being the provisional expropriation judgment, which rules on the legality of the expropriation. If the expropriation is legal, the justice of the peace determines the provisional amount that the expropriator must pay. Within thirty days after the appearance of the parties, the legal expert shall submit an estimate of the expropriation compensation to the registry. The justice of the peace then establishes a new court session where the parties are heard. The judgment that follows will then determine the provisional expropriation compensation.

3. Practice shows that the fees offered by the relevant authorities or companies with public contracts (such as Aquafin, for example) are rather lower than what is determined by this expert. Whether this will change with the Flemish decree is not yet clear.