Expropriation by Operation of Law: A Right of The Expropriated Party and An Obligation for The Administration

Abstract

The legal nature of a parcel of land may be affected through the approval of urban planning, which entails the declaration of public utility and the subsequent necessity for the occupation of the corresponding goods and rights. In this context, the owner of the affected land –in a specific manner– may find themselves in a situation of prolonged restriction of their rights. In effect, they become the holder of land with no prospect of benefit and await an expropriation that is delayed in materializing. In this case, what could be considered the only alternative available to the affected owner is expropriation by operation of law. This paper examines this legal institution, also known as requested expropriation. It will proceed to analyze its origins, evolution, and implications within the most recent legal framework, with the aim of clarifying this atypical legal concept in which it is the owner themselves who requests the expropriation of their goods and rights.