عدالة التعويض ضمانة لنزع الملكية العقارية الخاصة للمنفعة العامة في القانون الجزائري

Abstract EN

Compensation is one of the most important rights determined by law for persons injured by expropriation in the public interest; so this compensation should cover encompasses both the loss suffered and the loss of profits.

Therefore, the right to obtain compensation for damages resulting from expropriation for public utility must be fair and equitable; It is unreasonable for the injured party to obtain as a result of the expropriation for public utility the least required by this expropriation, In addition, the administration cannot obtain real estate to implement its public utility projects in exchange for unfair and inequitable compensation.

The expropriation of private real estate by the administration for the benefit of the public must provide all the guarantees, especially in exchange for expropriation represented in Monetary or in-kind compensation which should be appreciated in the early stages of the expropriation process, taking into account all the elements on the basis of which the amount of compensation is estimated and Benefit those affected who prove that they are indeed rights holders.

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