Expropriation for public purposes is governed by Law No. 7-81. It allows the state or a local authority to acquire private property, but only through a precise procedure and against compensation.
The steps
- The declaration of public utility, which designates the area concerned.
- The transferability order, which identifies the properties and owners.
- The compensation offer, set by an administrative committee.
- Failing agreement, referral to the administrative court, which orders the transfer of ownership and sets the compensation.
The compensation
Compensation must make good the actual and certain loss caused by the expropriation. It is set on the basis of the value of the property on the date of the decision ordering expropriation, without taking into account any increase in value linked to the announcement of the project.
Challenging it
The owner can refuse the amicable offer and put their case to the administrative court: comparable sales nearby, an expert report, the actual use of the property. Taking possession without a proper procedure can, for its part, make the administration liable.
The firm's view
A compensation offer is open to discussion: well documented, a challenge often leads to a higher amount.
Maître Malak Elimani defends expropriated owners before the Rabat administrative court. This article provides general information and is not a substitute for legal advice.
Reference texts
Further reading
- Administrative law
- Challenging an administrative decision in Morocco: deadlines and steps
- Remote working and the employment contract in Morocco: what to provide for
- Filing a criminal complaint in Morocco: the steps and what happens next
- Managing property in Morocco from abroad: powers of attorney
- Family Code (Moudawana) reform: where do things stand?
The information on this website is general and does not replace legal advice. Every situation requires an analysis of its own facts and documents.