Law 7-81 expropriation Morocco — full framework, procedure and reform

Article 35 of 2011 Constitution guarantees property right and provides that expropriation for public utility is only possible in cases and forms provided by law and against fair and prior indemnity. Law 7-81 on expropriation for public utility and temporary occupation, promulgated by Dahir 1-81-254 of 6 May 1982, sets the complete procedure. Decree of application 2-82-382 of 16 April 1983 governs practical modalities.

(1) DUP — published in BO and posted in commune. 2-year validity to initiate cessibility. (2) Administrative inquiry of 2 months — BO publication, legal notice press, plan and observation register deposit in commune. (3) Cessibility act — designates precise parcels to expropriate, identifies known owners. (4) Administrative evaluation commission — sets compensation offer. (5) Amicable phase — over-the-counter agreement attempt. (6) Judicial phase before administrative tribunal in two times: summary for possession authorisation (article 24), substance for ownership transfer and definitive indemnity.

Information right — regular notification of each step. Inquiry participation — observation deposit during 2 months. Fair and prior indemnity corresponding to market value at transfer date. DUP contestation right by excess of power before administrative tribunal. Cessibility contestation separately (expired DUP, poorly designated parcels, purpose diversion). Summary proceedings right — article 24 — to block irregular possession. Adversarial expertise right — 5-day summons (article 63 CPC, Cass. Civile 1981). Appeal and cassation right. Retrocession or additional indemnity right in case of purpose diversion (CS 176/1991). Use deprivation indemnity right beyond 10-year master plan delay (Cass. Adm. 2007).

Supreme Court no. 176 of 13 June 1991 — public utility purpose diversion attackable. Cass. Administrative no. 1295 of 29 December 2004 — prior construction not demolishable, expropriation with indemnity. Cass. Administrative no. 394 of 25 April 2007 — 10-year master plan delay, use deprivation indemnity. CA Administrative Marrakech no. 61 of 11 February 2009 — Aït Baha vs ONEE, indemnity × 21 after adversarial expertise.

A Moroccan expropriation reform project — referenced 07-25 — is being elaborated. Known axes: procedure modernisation to reduce delays (target 12-18 months between DUP and indemnity); owner guarantees reinforcement; strict framing of purpose diversion with formalised retrocession procedure; adversarial expertises framework aligned with RICS Red Book Global Standards 2025 standards; procedural delays revised for legal certainty; notification and publication digitalisation. At article date, Law 7-81 remains fully applicable. Project 07-25 in public and institutional consultations.

Regularly check BO and local press for DUP affecting your land. Keep dossier pieces — title, plans, photos, letters. Request independent expertise as soon as administrative offer notified — not after. Engage specialised lawyer in administrative and land law. Activate all recourses — EPA against DUP or cessibility, suspension summary proceedings, indemnity full contentieux — without privileging one to others' exclusion. Mobilise cassation doctrine in lawyer's memo — precise ruling citation.

• DUP publication tracked in BO
• Inquiry period (2 months) participated
• Cessibility act notification kept
• Administrative offer evaluated against market
• Independent RICS expertise commissioned
• 60-day EPA deadlines tracked
• Article 24 summary defence prepared
• Cassation precedents cited

• DUP irregularities undetected at inquiry stage
• Administrative offer signed without expertise
• Recourse deadlines missed
• Possession allowed without article 24 defence