El papel de los titulares de derechos e intereses sobre cosa ajena en la expropiación forzosa

Authors

  • César Cierco Seira

Keywords:

Eminent domain, eminent domain procedure, just compensation, property, iura in re aliena

Abstract

Passive subjects’s treatment in an eminent domain tends to be centered in the figure of the landlord, that misconception sometimes lead by a trend, historically deeply rooted, and firmly linked to property as the etimology of the word «to expropriate» (from latin, ex, propietas) states. This situation could leave apart the position of those who, as well as the landlord, own some kind of, real or personal, rights, or even some kind of interest of patrimonial nature, on the goods object of expropriation. To study how the owners of those rights and interests in re aliena can access and defend their rights during the expropriate procedure and, overall, how they are going to join in the fixation and delivery of the compensation or fair price, reveals that there are pieces of the expropriating machinery that are worth a second thought. It may also be convenient to take away and/or adjust some of the pieces to offer, in the end, a more egalitarian option, more balanced and in line with the importance of the expropriating offence, the seriousness of which may affect a third party’s wealth.

Issue

Section

STUDIES