The Moroccan Ministry of Equipment and Water is spearheading a transformative draft law to amend the expropriation process for public benefit, introducing measures to enhance transparency and expedite proceedings. Key proposals include shortening procedural timelines, implementing electronic publication of expropriation processes, and establishing new compensation standards to better protect property owners' rights. DR ‹ › The expropriation process for public benefit is set to undergo significant amendments under a draft law prepared by the Ministry of Equipment and Water. The text reiterates that while property rights are protected by law, they are not absolute and may be restricted when required by public interest, in accordance with the procedures set out in Law No. 7.81 on expropriation for public benefit and temporary occupation. Among the key changes proposed in the draft amendment is the reduction of the period between the declaration of public benefit and the relinquishment decision from two years to one. The renewal of a declaration of public benefit would also be capped at five times. In addition, the draft introduces the electronic publication of expropriation procedures to enhance transparency. Municipalities would be prohibited from issuing building, renovation, or repair permits for properties located within the perimeter defined by a public benefit decree unless they receive explicit approval from the expropriating authority. This measure aims to prevent speculation following the declaration of public benefit. The draft also shortens the deadline for the expropriating authority to file a lawsuit seeking the transfer of ownership from two years to one year from the publication of the relinquishment decision in the Official Gazette, or from the date of notification when applicable. For urgent projects, the administration would be allowed to take possession of the property immediately after publication of the expropriation decision, provided certain procedures are respected. Possession would be executed on the original property, which must be vacated once the expropriating authority pays the compensation determined by the administrative expertise committee or deposits it with the Deposit and Management Fund. New mechanisms for determining compensation The draft seeks to rationalize compensation mechanisms by introducing objective standards to ensure fair valuation. It provides for the creation of a reference guide for property prices and real rights, to be prepared by the authority in charge of finance, updated annually, and published in the Official Gazette. An administrative expertise committee would also be established to assess the value of properties and real rights subject to expropriation. Presented by Minister of Equipment and Water Nizar Baraka, the draft includes additional legal safeguards for property owners, enabling them to better defend their rights. Opponents would be required to file entitlement claims before the competent court within three months of the end of the administrative inquiry. The period for submitting objections would be reduced from six months to three in cases where ownership documents are missing or insufficient, accelerating compensation payments. The draft further states that once ownership has been transferred by judicial ruling, the expropriating authority cannot reverse the procedure except through a new court decision and after formally revoking the relinquishment order, either fully or partially. Finally, the text prohibits the resale of properties or real rights acquired through expropriation within five years of the publication of the relinquishment decision, unless through a competitive process. Former owners would have the right, during that same period, to repurchase their property at the original price, provided they pay within six months of being notified of the sale.
