Expropriation in the Public Interest for the Construction of New Cities

Abstract

Expropriation in the public interest is an exceptional measure by which the State seeks to establish projects of public interest while guaranteeing the fundamental rights enshrined in the Constitution. In light of the State's increasing use of expropriation to establish major strategic projects aimed at comprehensive economic and social development, as well as the expansion of the infrastructure base - in particular the construction of new cities - the Expropriation Law No.91/11 was significantly amended in 2005 in relation to the introduction of special procedures for the transfer of property, which differ from the normal procedures in several respects. This raises the question of the extent to which these procedures conflict with the legal and constitutional guarantees of the right to private property.