Expropriation without Expropriation
Expropriation without expropriation is defined as the occupation of a person’s real estate by the administration, knowingly or unknowingly, without complying with the procedures and rules regarding expropriation and without paying a price, and allocating it to public service. In order to speak of expropriation without expropriation, the real estate belonging to the person must be occupied by the administration (in order to be used in public service) and this occupation must be carried out without relying on an expropriation transaction established in accordance with the procedures and principles stipulated in the law.
TO THE CIVIL COURT OF FIRST INSTANCE
THE PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANT :…….
SUBJECT : Prevention of seizure is requested.
EXPLANATIONS :
1-) The immovable property located at …… location, ……………….. address, ….. island, …. parcel numbered title deed is registered in the name of our client. (ANNEX-1)
2-) On …/…/….., the defendant municipality intervened in the immovable property by building a transformer on the immovable property by expropriation without a just and valid reason.
3-) Since there is an intervention in terms of a part of the immovable in question, our client has no possibility to use or dispose of the remaining part of the immovable.
4-) Our client has applied to the municipality for the defendant to restore the immovable, but has not received any response.
5) It has become necessary to apply to your Court for the prevention and restoration of the encroachment on our client’s immovable property.
LEGAL GROUNDS :
LEGAL EVIDENCES :
Land Registry
…….. Notary Public’s notice dated …./…./….. with ….. journal no.
Expert Witness
4. Discovery
CONCLUSION AND REQUEST :
For the reasons explained above, we respectfully request on behalf of our client to prevent and restore the seizure of our client’s immovable property, and to decide to charge the attorney fee and trial expenses to the other party. …/ …/ …
ANNEXES : 1. Land Registry
Counsel for the Plaintiff
You can access our other article examples and petition examples by clicking here.