Judicial authority to reassess compensation About expropriation for public benefit (Research taken from a doctoral dissertation.

Document Type : Original Article

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Faculty of Law - Mansoura University

Abstract

If the expropriation of real estate ownership is for the public benefit, it may seem inconsistent with the principle of “private property may not be infringed,” which most regimes, including successive Egyptian constitutions, have been keen to put in place guarantees to ensure its protection from assault However, these same regulations have specified the cases in which it is permissible to resort to this procedure authorized by administrative authorities, and they do not permit resorting to this method except under special conditions that must be met, taking into account the necessity of balancing between the interests sought from issuing a public benefit decision and the damages resulting from this decision. In Egypt, the expropriation procedures are dominated by the administrative authority, starting with the determination of the public benefit, passing through the inventory of the properties needed for the project of public benefit, and ending with the estimation of what is owed to the concerned owners and holders of rights over these properties. However, the situation is different in France, where it dominates. Eliminate this entire process, leaving the administration with only a small portion and under its strict supervision, 

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