El acto administrativo expropiatorio

Abstract

Th e current text of the Spanish Compulsory Expropriation Act of 1954 does not make expressly clear when exactly the compulsory expropriation order takes place. Diff erent interpretations are possible. Due to its relevance, the future reform of the aforementioned Act, which seems to be highly convenient, should make clear that this compulsory order has to be identifi ed with the specifi c resolution already required in the common procedure currently ruled by the law to defi ne the rights to be
taken, or with other acts of equivalent value so frequently used in the Spanish legaladministrative system. In both cases the law must ensure the rights of those whose properties could be taken, to participate in the administrative procedure required and to its judicial review, especially in order to determine in each case the indispensability of the rights and interests to be compulsorily taken, for the specifi c public purposes
legally declared as legitimate target of expropriation. Th e further assessment and payment of the just price as well as the eff ective transfer of the expropriated rights must be then clearly regulated as procedures and acts of implementation of the expropriation previously ordered.