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L'expropriation pour cause d'utilité publique de 1833 à 1935 : législation, doctrine et jurisprudence avec des exemples tirés des archives de la Moselle et de la Meurthe-et-Moselle
| Content Provider | Semantic Scholar |
|---|---|
| Author | Loembet, Rodrigue Goma Mackoundi |
| Copyright Year | 2010 |
| Abstract | The practice of expropriations in the departements of Moselle and Meurthe-et-Moselle proves that only State, departements and communes exercise public authorities prerogatives in order to oblige landowners to transfer their property for the execution of public work. However, works relating to railways let appear two persons exercising prerogative of public authorities, namely, State and Eastern railways company. By contract for public works the last one got the right to expropriate plots of land situated on the section between Frouard and Metz to Sarrebruck. The purchases are subjected to the accomplishment of some formalities prescribed by the law of the 3rd may 1841. The formalities changing administration (general government) to mandator (authorized agent) of statutory company are subjected to the minimalist control of the judiciary judge in order to confirm the regularity of the procedure, which is a sine qua non condition for all taking over of real estate for a public purpose. The acquisitions are subordinated to the prepayment of indemnities for expropriation payable to landowners expropriated. In case of lack of amicable arrangement, the indemnities for expropriation are assessed by a valuation board in expropriation proceedings composed by landowners, which is judged by the authors as more protector of private interest than publics finance. Our researchs reveal in return that indemnities fixed by the jurors in Lorraine are reasonable, but they are high in some case. The indemnities are sometimes fixed several months after the expropriation order or the amicable arrangement, which generate several complaints from landowners. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://hal.univ-lorraine.fr/tel-01752735/document |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
