Article 1285

The declaration of public utility shall lapse if within three months the expropriating authority has not submitted a statement of claim before the competent Court.

During the time from publication and notification of the declaration of public interest or, if applicable, the decision of the expropriating authority as referred to in the preceding Article, until such time as a summons is issued, the expropriating authority shall at least once make the owner and all other interested parties a serious offer in writing for voluntary acquisition of the right which is to be expropriated. The offer will at least entail the price the expropriating authority is willing to pay for the voluntary acquisition of the right in question.

When it is necessary to dig, measure or realize other works to ascertain the feasibility of a project, the owner shall not hinder such works if he is notified via registered mail 48 hours prior to commencement of such works and is immediately and fully indemnified by the State. If such paid indemnification is not satisfactory to the owner, he may demand extra indemnification either in due course of the expropriation and judicial proceedings or by stating a claim to that effect.