{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:civil:2015:article:1281","workId":"law:eri:code:civil:2015","expressionId":"law:eri:code:civil:2015:en","title":"Rights Subject to Expropriation","number":"1281","language":"en","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1281/","hierarchy":{"book":"BOOK IV - PROPERTY","title":"TITLE VI - COLLECTIVE EXPLOITATION OF PROPERTY","chapter":"Chapter 2. - Expropriation","section":"Section 1. - Expropriation Proceedings","paragraph":null},"paragraphs":[{"id":"p1","number":"1","text":"The ownership of immovable property, and the rights of interested third parties on such property stemming from limited rights, such as usufruct, hypothec, servitude and other rights in rem on the immovable property may be expropriated.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1281/#p1","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":355,"url":"https://eriatlas.com/sources/civil-code-2015/page/355/?article=1281&paragraph=p1#article-1281-p1"}]},{"id":"p2","number":"2","text":"In case of dispute of ownership or of the right of the interested third party, the expropriation proceedings will continue. However, the indemnification awarded to the owner or third interested parties, or such part of it as the competent Court dealing with the expropriation deems reasonable, shall be deposited with that Court at the request of the expropriating authority or one of the parties involved in the expropriation, among which the excluded party. Within three months from the judgment of expropriation, the excluded party will have to summon all other known parties before that Court in order to ascertain his right to the indemnification. If the excluded party fails to do so, the deposited indemnification is distributed among the owner and the interested third parties in accordance with the judgment on the final indemnification.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1281/#p2","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":356,"url":"https://eriatlas.com/sources/civil-code-2015/page/356/?article=1281&paragraph=p2#article-1281-p2"}]},{"id":"p3","number":"3","text":"When the owner of immovable property is also the expropriating authority, rights as mentioned in sub-Article (1) may be expropriated separately. In other cases expropriation of such rights may only be effected together with expropriation of the ownership itself.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1281/#p3","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":356,"url":"https://eriatlas.com/sources/civil-code-2015/page/356/?article=1281&paragraph=p3#article-1281-p3"}]},{"id":"p4","number":"4","text":"No share or portion in a property may separately be expropriated.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1281/#p4","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":356,"url":"https://eriatlas.com/sources/civil-code-2015/page/356/?article=1281&paragraph=p4#article-1281-p4"}]},{"id":"p5","number":"5","text":"Where part of a building is expropriated, the owner may demand that the whole building be expropriated.","canonicalUrl":"https://eriatlas.com/law/civil-code-2015/article/1281/#p5","sourceTargets":[{"sourceId":"civil-code-2015-en","pdfPage":356,"url":"https://eriatlas.com/sources/civil-code-2015/page/356/?article=1281&paragraph=p5#article-1281-p5"}]}],"caution":"This is the 2015 English-language edition attributed in its front matter to the Ministry of Justice. Eri Atlas has not independently verified the translation, later changes, or whether the text is currently in force. Nine passages are incomplete in the available scan and are identified where they occur."}