Studies
Legal studies and analyses
Browse studies published by ANILF, listed by date. Each publication includes an introduction and a document preview.
The Role of the National Office of Land Property in Expropriation Projects for Public Utility
Preview the studyExpropriation for public utility is an exceptional legal mechanism enabling the State and public entities to secure the real estate needed to carry out projects and facilities of general interest. It nonetheless raises a delicate issue: the need to reconcile the requirements of public-project delivery and administrative efficiency with the protection of private property rights.
The legal framework governing expropriation has undergone significant developments under Law No. 53 of 2016 dated 11 July 2016, as amended by Decree-Law No. 65 of 2022 dated 19 October 2022, particularly as regards inquiry and conciliation procedures, the assessment of compensation, and the strengthening of guarantees granted to owners and rights holders.
The study prepared by Mr Mourad Nsiri, Chief Inspector at the Regional Directorate of the National Office of Land Property in Ben Arous, focuses in particular on the role of the National Office of Land Property in carrying out expropriation projects for public utility, combining an analysis of the legal framework with a reading of the issues that arise in practice. It also highlights the importance of determining land situations, identifying owners and rights holders, ensuring the integrity of registration and land-publicity operations, and coordinating among the various intervening bodies.
The study further examines the main practical difficulties that may affect the timelines of expropriation projects, notably the complexity of land situations, the lack of updating of certain titles, the multiplicity of rights holders, the number of stakeholders, and the length of the administrative process. In response, it proposes measures to enhance efficiency, including digitalization, prior land diagnosis, stronger institutional coordination, specialized human resources, and a proactive approach to file handling.
It concludes that the role of the National Office of Land Property should not be limited to carrying out land procedures; it should evolve toward a more proactive and partnership-based role in the success of public projects, while ensuring administrative efficiency, land security, and respect for the right to private property.
This reflection leads to a central question: how can the effectiveness of the land administration be strengthened in delivering public-utility projects while ensuring effective protection of the right to private property?
We invite you to consult the full study to learn about the main practical issues and the recommendations proposed to develop the expropriation-for-public-utility framework.