What you need to know about the expropriation procedure

The implementation of the hydro-agricultural development project for the preservation of the Saïss plain relies on large-scale infrastructure. Pipelines, stations, hydraulic structures, access roads. In some cases, their construction requires the mobilization of land belonging to private individuals or communities.

When amicable acquisition is not possible, the State may resort to the procedure of expropriation for reasons of public utility. This procedure is strictly governed by law and includes specific guarantees for the persons concerned.

A clearly defined legal framework

Expropriation in Morocco is governed by Law No. 7-81 relating to expropriation for reasons of public utility and temporary occupation. It enshrines the protection of the right to property while allowing, under specific conditions, its mobilization for the benefit of projects of general interest.

This law sets out the rules applicable to the declaration of public utility, the identification of the land concerned, the valuation procedure and compensation for rights holders. It establishes a clear principle: private property is protected, but it may be expropriated when the public interest justifies it, subject to conditions.

Three elements are inseparable:

• the declaration of public utility;
• a formalized administrative procedure;
• prior and fair compensation.

No expropriation can take place outside this framework.

In the case of the Saïss project, this national framework is complemented by the requirements of the European Bank for Reconstruction and Development (EBRD), which imposes additional standards in terms of information, compensation and the treatment of affected persons.

Official decrees for each phase of the project

The Saïss project has been the subject of several Public Utility Declaration decrees, published in the Official Gazette. These texts specify the perimeters concerned, the nature of the planned structures and the validity period of the procedure.

The decrees cover all phases of the project, including the successive lots and land under different land statuses, whether private or collective.

Areas and land statuses concerned

The land concerned by the project has various statuses: private property, State land or land belonging to Soulaliyate communities. Each plot is subject to a precise census and legal analysis before any procedure.

The route of the structures has been adjusted as much as possible in order to limit land impacts and avoid expropriation whenever technical alternatives existed.

How the procedure works

The expropriation procedure begins with an administrative phase. It includes the parcel survey, the identification of owners and rights holders, as well as the valuation of the assets by the competent administrative commission.

In the absence of an amicable agreement, the judicial phase makes it possible to determine the compensation. The taking of possession of the land may only take place after payment or deposit of the compensation due.

Compensation and rights of the persons concerned

Compensation is a fundamental principle of the procedure. It is prior, fair and based on the real value of the expropriated assets, including crops, buildings and other affected elements.

The persons concerned have rights to information, contestation and appeal. A grievance management mechanism is also put in place in order to process complaints in an accessible and structured manner.