Compulsory Acquisition - Requisition
The following is the procedure and the rights of immovable property owners, that are enforced under the compulsory acquisition schemes or requisition schemes.
Subject to the provisions of Article 23 of the Constitution and of the Compulsory Acquisition of Property Law 15/62 any property may be acquired compulsorily for a purpose which is to the public benefit.
Acquiring authority means:
a. the Republic
b. a municipal corporation
c. a communal chamber
d. a public corporation or public utility body on which a right to acquire property compulsorily is conferred by law.
Where immovable property needs to be acquired compulsorily the acquiring authority:
a. shall cause a notice of the intended acquisition to be published in the Official Gazette of the Republic.
b. shall cause for a copy of the notice of the intended acquisition to be served upon any interested person. Where the person upon whom the notice is to be served cannot be traced, the acquiring authority shall obtain a confirmation from the president of the local authority (mukhtar) that such person cannot be traced and publish the notice in at least two daily local newspapers.
c. shall call upon any interested person to submit to the acquiring authority within thirty days from the date of service of the notice any objection.
d. proceed with all reasonable speed to the examination of any objections to the acquisition made and unless the acquisition is confirmed upon publication of an order of acquisition within twelve months from the date of publication of a notice of acquisition, the procedure shall be deemed to have been abandoned.
e. shall, within fourteen months from the date of publication of the notice of acquisition, send a written offer relating to the compensation payable for the property so acquired.
Upon receipt of the offer, any interested person may:
a. accept the compensation for full and final settlement of all his/her claims relating to the acquisition of his/her property.
b. accept the amount offered reserving his/her right to apply to Court for fixing the final amount of compensation. In this case, he/she has to apply to Court within 75 days from the date of payment while at the same time he consents for the property to be registered in the name of the acquiring authority.
c. refuse or ignore the offer. In this case either the acquiring authority or the interested person may apply to the Court for the determination of the final compensation.
Where the whole property is subject to compulsory acquisition, the amount of the compensation shall be assessed with reference to the market value of the property as at the date of publication of the notice of acquisition.
Where only part of such property is acquired the compensation is also assessed with reference to the market value of that part of the property as at the date of publication of the notice of acquisition. In these cases the Law provides the set-off of betterment and compensation for injurious affection/severance, trade disturbance, reinstatement and any other damages or losses sustained by the owner on account of such acquisition. Finally it provides that an interest of 9% should be added to the amount of compensation starting from the date of publication of the notice of acquisition to the date of payment.
Expenses relating to professional advice
The affected owner has the right to obtain expert advice as to the compensation payable. In such case the acquiring authority bears the cost of the award and expense of the expert appointed by the owner.
Requisition is subject to the provisions of the Constitution and of the Requisition of Property Law 21/62 and may refer both to movable and immovable property. Under the provisions of the Law, the compensation granted in the cases of requisition of immovable property includes:
- the rental value of the property under requisition.
- compensation for any disturbance caused (loss of business etc.).
- where such property is agricultural land any sum equal to the amount, if any, which might reasonably have been expected to be payable in respect of seeds, fertilisers etc.
- any sum payable at the end of the period of requisition equal to the cost of making good any damage occasioned to the property, excluding natural damage.
Note: The compensation for the requisition of any property shall carry interest of 4% beginning from the date the sum becomes payable up to its repayment.