Procedure
- Declaration of public interest by decree, two-month administrative inquiry, transferability order designating the plots (Arts. 6 to 12).
- Attempt at an amicable agreement on compensation before the administrative valuation committee.
- Failing agreement, the administrative judge sets the compensation and orders the transfer of ownership (Art. 18 et seq.).
Compensation
- It covers the actual and certain loss caused by the expropriation, assessed as at the date of the decision (Art. 20).
- Increases in value resulting from the announcement of the project are excluded.
- Early taking of possession is possible after deposit of the provisional compensation (Art. 24).
Key articles
Art. 20
« Expropriation compensation must cover the entire direct, material and certain loss caused by the expropriation; it may not extend to uncertain, contingent or indirect loss. »
A lawyer's points to watch
- Challenge the administrative valuation with an expert report: the compensation offered is frequently below market value.
- The owner may apply for annulment of the transferability order within the time limits for an application for excess of power.
The English text on this page, including the quoted articles, is an unofficial translation. Information sheet prepared by Maître Lahfaia Law Firm, Rabat. It does not constitute legal advice. Only the text published in the Official Bulletin of the Kingdom of Morocco is authoritative; the articles cited may have been amended since this sheet was written.