In the event of partial expropriation, the owner only loses part of his property. Procedure, compensation, appeal: the rules you need to know to defend your rights.
THE property rights is classically presented as a fundamental right. L’article 544 of the Civil Code defines it as “the right to enjoy and dispose of things in the most absolute manner“. However, this same article provides for a major exception: the deprivation of property is possible “when public necessity requires it“, provided that it is accompanied by a “fair and prior compensation“. It is within this framework that theexpropriation for reasons of public utility.
Expropriation is a procedure by which a public authority – State, local authority, public establishment – obliges an owner to transfer his real estate. It aims to facilitate the realization of projects of general interest: roads, social housing, public infrastructure or urban developments (article L. 1 of the Expropriation Code).
L’partial expropriation concerns the situation in which only a fraction of the plot is subject to expropriation. Such a procedure can be initiated, for example, if private land is located on the route of a public road widening project. This procedure remains strictly regulated by law.
A two-step procedure
L’expropriation can target any real estate belonging to a private person (individual) or legal entity (company, association) and can relate to all or only a portion of the property. It is only possible for a project recognized as being of public utility. It must be justified, unavoidable and proportionate. For example, road developments, the creation of public facilities or green spaces.
Expropriation is a complex procedure, organized in two distinct stages, administrative then judicial.
Expropriation can only take place within the framework of a project declared to be of public utility. It must respond to a proven necessity, be duly justified and remain proportionate. This concerns in particular operations such as road developments, the construction of public facilities or the creation of green spaces. © Freepik
The administrative phase: recognition of the public utility
The administrative phase is the first phase aimed at verifying the legitimacy of the project. In accordance with thearticle L. 1 of the Expropriation CodeL’expropriation can only take place after a public inquiry intended to establish the public utility of the operation. At its conclusion, a Declaration of Public Utility (DUP) can be issued. A plot survey is then organized in order to precisely identify the plots and owners concerned. The expropriation can only concern the portion strictly necessary for the completion of the project.
L’partial expropriation implies a modification of land boundaries. It therefore requires the establishment of a survey document, which notes changes in plot boundaries and allows the cadastral plan to be updated. The absence of this document may result in the irregularity of the procedure, or even the cancellation of the expropriation order.
The legal phase: transfer of property and compensation
After the administrative phase, the procedure can enter its judicial phase if no amicable agreement is found. THE expropriation judge can then pronounce the expropriation and fix thecompensation due to the owner.
The transfer of ownership is effective regardless of the taking of possession, which presupposes the prior payment of compensation. © Freepik
No expropriation without complete repair
A expropriation cannot take place without fair and prior compensation. This must cover the value of the property, the existing constructions and the damage suffered. The principle of compensation is established by thearticle L. 321-1 of the Expropriation Code : compensation must cover “the entirety of the direct, material and certain damage“.
The compensation includes:
– principal compensation, corresponding to the market value of the property;
– Accessory compensation covering additional losses: re-employment costs, loss of income, moving costs, etc.
The compensation must compensate for all damage: value of the property taken, loss of value of the rest of the land, nuisance linked to the work, etc. In the event of partial expropriation, these aspects are particularly important.
Partial expropriation: a regime in its own right
In the framework of partial expropriations – in case of creation of roads, bus stops or railways, etc. -, THE expropriated owner can therefore be deprived of his garden, his parking space or even a fraction of his farm but he retains the portion not expropriated.
L’partial expropriationcommon in practice, raises particular difficulties, particularly in terms of assessment and compensation.
Evaluate the compensation: the entire plot as a reference
The central question is that of the evaluation method. The administration is often tempted to promote only the expropriated part, based on its immediate use (roads, parking, etc.).
In a judgment of March 6, 2025 (Cour de cassation, n° 23-22.427), the Court of Cassation affirms that “the qualification of expropriated land (…) appreciates (…) with regard to the entire parcel whose right of way has been detached, and not based on the right of way alone“. Which means thatin matters of partial expropriationin order toassess the compensation due to the expropriationé, it is necessary to take into account the situation of the entire plot, and not only the expropriated part. In this case, a metropolis had expropriated part of land belonging to a real estate company. The original land was intended for construction and the expropriated part was to be used as a road or parking lot. Thus, land intended for housing cannot be evaluated as a simple traffic route, even if the expropriated right-of-way is allocated for this use. Compensation must therefore not be based solely on the use of the right-of-way (e.g.: parking, roads).
Land not expropriated is not forgotten: compensable depreciation
L’partial expropriation may result in a loss of value of the remaining part of the property. This depreciation is compensable for incidental damages. However, this compensation is not automatic: the owner must demonstrate that the depreciation results directly from the expropriated right-of-way.
In practice, depreciation can result from several factors: loss of access, isolation, reduction in constructability, harm to the enjoyment of the property. The Court of Cassation thus recognized compensation for the enclosure of a garage, the garage no longer being accessible following the expropriation of a portion of the plot giving access to it (Court of Cassation, March 29, 2018, no. 17-11.507).
The objective is to compensate the loss of value of the remaining plot caused by partial expropriation of the property.
The right to demand the acquisition of the entire property
In order to protect the owner, thearticle L. 242-1 of the Expropriation Code allows him to request the acquisition of his entire property:
– if the remaining fraction is no longer usable under normal conditions;
– If it is reduced to a quarter of its total capacity and has a surface area of less than 100 m2 : in this last hypothesis, the owner must not own immediately contiguous land – if the request is accepted, the judge sets the amount of expropriation compensation and the acquisition price of the portion acquired in addition to the expropriated portion.
Expropriation: how to contest or better defend yourself?
Facing an expropriationthe owner has several means of action. He can first challenge the declaration of public utility before the administrative judgeinvoking the absence or insufficiency of general interest, or the disproportionate nature of the project.
It is possible to challenge the declaration of public utility before the administrative judge, arguing either the absence – or insufficiency – of general interest, or the disproportionate nature of the project. © Freepik
The owner can also contest the regularity of the procedure (public inquiry, transferability order, absence of survey document). In terms of compensation, he can also refuse the amicable offer and refer the matter to the expropriation judge in order to obtain higher compensation. It is then up to him to demonstrate all the damage suffered: value of the property, depreciation of the surplus, additional losses.
Finally, he can request total control or negotiate upstream with the administration.
In all cases, it is recommended to quickly consult a lawyer specializing in town planning law or expropriation.
