Contesting cessibility act in Moroccan expropriation

Expired DUP — beyond 2 years without valid cessibility act, DUP is expired. Any cessibility on expired DUP is irregular. Poorly designated parcels — cessibility must identify parcels with sufficient precision (cadastral reference, surface, known owners). Imprecise or erroneous designation grounds annulment. Purpose diversion — if cessibility designates parcels for purpose different from DUP, it's procedural diversion. Supreme Court precedent 176/1991 sanctions this. Motivation defect — administrative act must be motivated — exposing administration's factual and legal reasons. Standardised act without case-specific motivation is challengeable. Perimeter oversizing — if cessibility-designated perimeter manifestly exceeds strict necessity of public utility purpose, recourse can succeed. Public inquiry defect — 2-month preliminary inquiry must have been regularly published and held.

Competent jurisdiction: territorially competent administrative tribunal. Deadline: 60 days from notification or publication. Form: written petition by lawyer, ground exposition, supporting evidence. Effect: not suspensive by principle; demandant can combine EPA with suspension summary proceedings. Decision: total or partial act annulment; administration obligation to resume procedure if annulment. Recourse: appeal before Administrative Court of Appeal, then administrative cassation.

Copy of DUP and its BO notice. Copy of cessibility act notified. Land title or recent ownership certificate. Situation plan demonstrating gap between cessibility and purpose. Independent expertise documenting market value and prejudice. Dated photos, bailiff statements if occupation already started. Legal memo structuring grounds (incompetence, form defect, power diversion, law violation).

EPA against cessibility act generally combines with: suspension summary proceedings — to block possession during substance instruction; emergency administrative summary proceedings — if possession imminent or started; indemnity full contentieux — triggered in parallel for indemnity fixing, even if annulment requested separately.

Documentation — more documented dossier = more substance for annulment judge. Applicable jurisprudential precedent — precisely cite ruling 176/1991 and others. Structured memo by specialised administrative lawyer. Adversarial expertise — to show gap between real market value and administrative offer.

• DUP date verified vs cessibility date
• Cessibility act precision examined
• Purpose coherence with DUP checked
• Motivation specificity assessed
• Public inquiry regularity verified
• 60-day deadline tracked
• Independent expertise commissioned
• Suspension summary proceedings considered

• DUP more than 2 years old at cessibility issuance
• Cessibility for different purpose than DUP
• Standardised act without case-specific motivation
• Perimeter exceeds public utility need