onteigeningsact

Onteigeningsact (expropriation act) is a statute that authorizes a government authority to compulsorily acquire private property for a public purpose or public utility, subject to compensation and due process. The act typically sets the criteria for public interest, prescribes procedures for initiating expropriation, outlines valuation methods and compensation standards, and establishes rights of review and appeal.

Procedural steps often include a determination of public need, notification to owners, filing of an expropriation order, transfer of title upon payment or deposit of compensation, and, in some systems, temporary possession during construction. Compensation generally aims to reflect market value and may cover disturbance, loss of business, and relocation costs; owners may challenge the valuation through administrative or judicial processes.

Safeguards emphasize proportionality, necessity, and limits on expropriation to legitimate public purposes, along with independent supervision or court oversight. Criticism includes potential for misvaluation, delay, and displacement; supporters argue it enables essential infrastructure and orderly development.

The concept has parallels in other legal families; equivalents include eminent domain in common-law jurisdictions and dedicated expropriation codes elsewhere; provisions vary by country. Historical development has driven reforms to improve fairness, transparency, and fair compensation. Notable discussions involve balancing property rights with public needs, urban renewal, and infrastructure planning.