Resource information
This Law gives to the State the right to expropriate or use temporarily real estate for public purposes. The State can expropriate in the following cases: for programmes and investments foreseen in international agreements; programmes and investments with national interest, such as: transports, electric energy, telecommunication, waterworks, schools, parks, hospitals, built with State funds, protecting and preserving historical and archaeological landmarks. The Law lists specific documents and their contents that must be prepared and given to affected property owners and to the Council of Ministers, which may approve each expropriation. The application to expropriate must be published in the Official Gazette. The Law provides for expropriation procedures, including appeals by affected owners and methods for calculating compensation. The Law gives to the State the right to use temporarily property to provide relief following natural disasters, for national defence and when constructing facilities within expropriated land. The prefect may give a decision to use a property temporarily. Necessary documents and their contents are described. Compensation is based on valuation made by three experts.
Implemented by: Guideline No. 1 on the technical criteria for calculating the value of trees in agricultural lands expropriated for public interests. (2000-10-05)
Repeals: Law No. 7848 on land expropriation for public reasons. (1994-07-25)
