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The Constitutional Court Has Annulled the Conciliation Process and Administrative Applications for Takings Without Compensation Made Through Zoning Plans

The Constitutional Court Has Annulled the Conciliation Process and Administrative Applications for Takings Without Compensation Made Through Zoning Plans

Public bodies (mostly municipal authorities) have been known in practice to divert privately-owned real property to public use through zoning plans without going through the expropriation process.


Public bodies (mostly municipal authorities) have been known in practice to divert privately-owned real property to public use through zoning plans without going through the expropriation process. Given that the expropriations process is generally not initiated, the property owners have been filing actions for damages on theories of takings without expropriation in order to recover their losses…


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