الوسائل الإستثنائية لكسب الأملاك العقارية في القانون العام

الملخص EN

The Algerian legislator permits the State and local authorities, within the framework of property acquisition and the provision of the real estate container for some major projects of public interest, to resort to exceptional means in light of the failure to achieve the desired goals using the normal or consensual means.

These exceptional means consist mainly of expropriation for the public benefit and in administrative pre-emption.

Moreover, the public authority cannot expropriate or take an administrative pre-emption except in accordance with the procedures established by law.

Only those entities legally provided for shall benefit from these exceptional means.

These two conditions represent a legal guarantee for the owner of the right to private real estate ownership, through which guarantees the legislator seeks to balance the public interest with the private interest of the owner.