Service · heading C.18.1 and C.18.2

Fair compensation for compulsory purchase or a contested pre-emption price

Declaration of public utility, partial taking, urban or SAFER (French rural land agency) pre-emption, damage from public works: the principal compensation, the reinvestment allowance and the ancillary heads assessed before the expropriation judge.

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Compulsory purchase, expropriation in French, and pre-emption leave an owner alone in front of a well-resourced public body, with the opinion of the State valuation office (Domaine) as the starting point. The procedure is not unfavourable in itself: the expropriation judge fixes the compensation on the evidence produced. But the right evidence must be produced, at the right reference date, with the effect of the scheme itself on prices neutralised.

I act for owners and operators, and also for local authorities and developers who wish to secure their offer before the expropriation order.

Your situation

You receive an offer from the acquiring authority (municipality, inter-municipal body, département, State) that you consider below the value of your property.
Your land is subject to a partial taking and the remainder loses value or becomes unusable.
The municipality pre-empts your property at a reduced price and you refer the matter to the expropriation judge.
You are the commercial tenant or the operator of a property subject to compulsory purchase and must quantify your eviction.
Public works (tramway, roads, development zone) have impaired the value or the operation of your property.

What the report contains

Classification of the property at the reference date (building land or not, actual use, tenancy status)
Principal compensation by comparison with sales of similar properties, excluding the influence of the scheme itself
Reinvestment allowance under the usual scale and ancillary compensation (removal, loss of rent, fencing)
Depreciation of the remainder in the event of a partial taking
Counter-analysis of the opinion of the State valuation office (Domaine) and of the authority's offer
Structured reply brief ready to be filed before the expropriation judge

Methods used

Comparison with the effect of the scheme neutralised (article L. 322-2 of the French Expropriation Code)
Residual method for building land
Loss of business and commercial lossRead the method article

Frequently asked questions

How is the reference date set?

As a rule, one year before the opening of the public inquiry, or under the specific rules for pre-emption. The actual use and the classification of the property are frozen at that date, which has a direct effect on value: land that became buildable after the reference date is still valued as non-buildable.

What does the reinvestment allowance cover?

The costs the expropriated owner will incur to acquire an equivalent property: notaire's fees, agency fees, borrowing costs (article R. 322-5 of the Expropriation Code). The scale usually applied by the courts is 20 % up to €5,000, 15 % from €5,000 to €15,000 and 10 % above that. It is not due if the property is not intended to be replaced.

Can I challenge the Domaine opinion?

Yes. The opinion of the State valuation office (Domaine) is an opinion, not a decision. Before the expropriation judge, each party produces its own evidence. An independent expert report, with verifiable comparables, is often decisive.

The SAFER has pre-empted my property: is that your field?

For the non-agricultural buildings and the non-agricultural land, yes. For farmland and farm buildings, a rural and agricultural land expert is competent. We can work together.

Do you attend the site visit?

Yes. The expropriation judge's site visit is a key moment in the procedure. I prepare a brief and attend to answer the questions of the judge and of the government commissioner.

Describe your situation, receive a free quote

By email or by phone, as you prefer. The quote sets out the assignment, the timeframe and the price.

Request a quote 06 89 29 10 08