2024-09-25 02:03:37
The revocation of property expropriation, which has been carried out, can only be requested by the original owners of the property and their heirs, and the so-called “special heirs”, i.e. the children of the heirs to whom ownership of the property was transferred, are not entitled to request it. parental benefit, ruled the Plenary of the Council of State.
At the same time, according to the decision of the Supreme Court, they are not entitled to request the revocation of the expropriation of a property, as long as it has been sold, neither did the new owners who bought the property.
The case decided
In particular, the Plenary Session of the CoE (president Mary Sharp and rapporteur Konstantina Filopoulou State Councilor) was occupied by the case of individuals in which came to the prefecture and their possession with parental allowance property 67 sq.m. in the area of Makrygiannis which in 1963 had been expropriated by the State. The expropriation took place in the context of the protection of the neighboring archaeological site of the Acropolis.
Specifically, the Supreme Court with its decision No. 1297/2024 rejected the application of the “special heirs” who requested that the said expropriation of the property be revoked, ruling that according to Article 55 of Law 4663/2020, they are entitled to request the revocation of the expropriation, only the original owner or his universal successor (heir), but not their “special successors”.
Consequently, the court decision concludes “the “special heirs” of the original owner of an expropriated property are not entitled to submit a request for the revocation of an expropriation, nor to file a request for annulment against the express or implied refusal of the administration to revoke the said expropriation”.