Request For The Return Of The Expropriated Immovable Pursuant To Article 23 Of The Expropriation Law No. 2942
Expropriation is the state’s termination of private property owned by a person without his/her consent on the grounds of public interest.
The administration that carries out the expropriation process becomes the rightful owner of immovable property belonging to real and private legal entities, provided that it pays the price.
TO THE MAYOR’S OFFICE
PETITIONER :
REPRESENTATIVE :
SUBJECT : It consists of the request for the return of the expropriated immovable.
EXPLANATIONS :
The client’s … land registered on … island, … parcel … was expropriated by …/…/… on the grounds that … will be built. The said expropriation process was finalized on …/…/…/… date.
Within five years from the date of …/…/…/…, when the expropriation price was finalized by your administration, no action and facility has been taken in accordance with the purpose of expropriation. Although the expropriated immovable was expropriated, no action was taken by your municipality. For this reason, the expropriated immovable must be returned to the client.
Article 23 of the Expropriation Law No. 2942 stipulates that “Within five years from the date of finalization of the expropriation price, if the administration that made the expropriation or the administration to which the transfer or allocation was made in accordance with the fourth paragraph of Article 22; If no action or installation is carried out in accordance with the purpose of expropriation and transfer, or if the immovable property is left as it is by not allocating it to a need for public benefit, the owner or his heirs can take back the immovable property by paying the expropriation price together with the legal interest to be processed from the day they receive it.”
For the reasons we have tried to explain above, our client wants the immovable property in question to be returned to you by paying the price with legal interest as per his legal right. I respectfully and by proxy request and demand that the necessary action be taken. …/…/…
Petitioner’s Representative
Att.
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