Judicial annulation of non-executed expropriation (after Law No 4759/2020)
After Law 4759/2020, an attempt was made to make the finding of self-righteous removal of an imposed but not carried out zoning expropriation an easy task, since according to the express provision of the law, an application by the owner for the identified modification of the town plan is sufficient, in order to make the property from newly buildable.
The same applies to previous laws (e.g. Law 4315/2014 etc.).
This new law is susceptible to many points of criticism, however, this does not negate its intention to effectively regulate the issue of the removal of rhytomotic expropriations that have not been carried out.
However, in the majority of cases that the law regulates, this becomes difficult for a variety of reasons. On the refusal of the Administration to lift the imposed seizure of the property due to street cutting, there is the possibility of judicial protection, which is recommended in this case exclusively.
Appeal against the refusal to lift expropriation
For the annulment of the Administration's refusal to lift the expropriation, the procedure of appeal to the competent administrative courts is followed.
This procedure also constitutes the "guarantor", in case the Administration stubbornly does not comply with the provisions of the new law.
The determination of the pleadings of the appeal is of pivotal importance and requires specialized treatment of each case and specialized legal assistance.