Expropriation for Public Use: the Reliability of Conditions Governing Validity Measures Use in DRC
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Beschrijving
Bol
This study examined the reliability of the conditions governing expropriation for public use in the DRC; it involved identifying the constitutional and legislative provisions that regulate the issue of expropriation. However, the application of these conditions poses a serious problem, given that nine rights are enshrined in the law: the owner of the expropriated property has the right to their property first and foremost; they have the right to fair compensation; they have the right to be informed; they have the right to challenge the declaration of public utility; they have the right to assistance and representation during the proceedings; they have the right to a counter-expert assessment; they also have the right to judicial review; the right to retain property not subject to expropriation; and, finally, they have the right to reasonable timeframes.There is a discrepancy between the legal provisions and actual practice, which is characterized by an outdated application of the legal provisions.
This study examined the reliability of the conditions governing expropriation for public use in the DRC; it involved identifying the constitutional and legislative provisions that regulate the issue of expropriation. However, the application of these conditions poses a serious problem, given that nine rights are enshrined in the law: the owner of the expropriated property has the right to their property first and foremost; they have the right to fair compensation; they have the right to be informed; they have the right to challenge the declaration of public utility; they have the right to assistance and representation during the proceedings; they have the right to a counter-expert assessment; they also have the right to judicial review; the right to retain property not subject to expropriation; and, finally, they have the right to reasonable timeframes.There is a discrepancy between the legal provisions and actual practice, which is characterized by an outdated application of the legal provisions.
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