It is an uncommon practice in which a person is deprived of private property, his patrimonial interests or his rights, usually this is agreed imperatively by some territorial public administration and the objectives that it is pursues are of social interest or public utility, being executed prior to compensation. It can then be said that compulsory expropriation is an administrative power that at the same time is emerging as a guarantee of assets for the affected party.
It is a mechanism that the administration has to get hold of the goods that may be useful to achieve its ends. However, it is considered the most extreme form in terms of the administrative activity of limitation, since it deprives another individual of the possession of a patrimony or a right in favor of the interest of the community.
When the term expropriation is used, it is important to be clear about some inherent elements of it, and that must be complied with precisely, since otherwise, it is possible that the process can be annulled, and this is because it that is being regulated is a process with a set of guarantees with tendencies to avoid arbitrariness and the dispossession of assets
It should be noted that the administration has the right to take the affected stakeouts and the project as a reference, however, not on all occasions they will have the required precision of the interests and rights affected on their side, since in any case it is necessary to grant a intervention by the interested party, in order to at least obtain compensation that is sufficient from a legal point of view of the right that has been affected. The subjects involved in an expropriation are the beneficiary, the expropriator and the expropriated
The subjects of the expropriation are the expropriator, the beneficiary and the expropriated. For its part, the expropriator is the one who has the ownership of the expropriation power, the latter being the responsibility of the administration and the agencies that are determined by it. It should be noted that expropriations can only be carried out by decision of the State, municipalities or autonomous communities
The beneficiary, on the other hand, is that individual who is the representative of the social interest, that is, it is the cause for which the expropriation is executed and is the one who will obtain the ownership of the property or the right that is expropriated.
Finally, the expropriated is the owner or holder of the real right or direct economic interests over what is being expropriated, that is, the individual who is deprived of the property or the right, this can be a legal or physical person, It can even be a public administration, as long as it is different from the one that exercises the role of expropriator.
