Abstract EN:

Private landed estate is very often interfered with by government's departments. Some of these interferings are entitled to compensation, subject to some conditions : purchase under compulsion, requisition, certain administrative charges, public works damages. Other interferings are not, as a rule, entitled to compensation (town planning) or compensation is not at all called forth (charges for reclaiming land for cultivation, in the case of private forests). With regard to compensated breaches and the decrees to be enacted in reply to applications for compensation, a parting of competences has been worked out by the legislator and the case-law as well. From these proceedings spring out very intricate repartition rules which, in the end, prove to be prejudicial for the suitors. The fundamental rules themselves are not as complete as they should be : for instance, guarantees of payment are not the same for everybody; moreover, they are not always abided - namely expropriation and the prejudices the latter causes are not always atoned for. Administrative jurisprudence appears on many sides debattable; it reveals inadequacies with regard to summing up compensations. In connection with uncompensated breaches, the severity of this char- ge may be reducted by the legislator and jurisprudency as well. However theses reduc- tions are somehow minor.