Frequently Asked Questions
The following sections provide preliminary answers and are only intended to inform interested parties. As such, they cannot address the diversity of issues arising out of expropriations, nor do they in any way substitute advice from a qualified lawyer, who will deal with each case after thorough study and consideration of its particular circumstances.
Can I refuse the compulsory acquisition of my property?
No. Protection of property may be circumvented for public purposes, if there is a justified reason for expropriation. However, in all cases, the owner may appeal against the act declaring the expropriation, if the procedural provisions for its issuance have not been met, as well as in case the act lacks sufficient justification for the necessity and extent of the expropriation.
Am I obligated to accept the compensation offered by the expropriator (Greek Administration, public enterprises etc.)?
No, if the compensation does not correspond to the value of the expropriated property, its components and the potential transportation costs, as well as if it does not include compensation for the adverse effects of the expropriation or the construction of the project on any remaining parts of the original property left out of the expropriation.
In this case, the expropriated party must take part in a trial for the determination of compensation, where legal representation by a qualified lawyer is mandatory.
When will I receive compensation and when do I have to relinquish the expropriated property?
According to the Constitution, the taking over of expropriated land, before the determination and payment of full compensation, is prohibited. In any case, for the protection of the property owner, the Constitution stipulates that the expropriation shall be automatically revoked, if compensation is not paid within a year and a half from its provisional or definitive (in case of no provisional) determination.
Case law has decided that depositing of compensation to the owner in the Deposits and Loans Fund, equals with payment of compensation. This means that the owner may have to relinquish the property, even if it has not been possible to complete the procedures for the collection of the deposited compensation from the Deposits and Loans Fund.
What other actions are required for the payment of compensation?
In order to receive compensation, the property owner must be judicially recognized as the beneficiary of compensation. He must then send the relevant judgement to the competent Loans and Deposits Fund.
Unfortunately, the procedure is usually slow and long, as it requires the collection of several certificates and attestations. It is therefore advisable that interested parties consult their legal counsel from the outset, so as to set in motion the procedure as soon as possible and avoid delays in the collection of the compensation.