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Public Good vs. Private Rights: Does Expropriation Strike the Right Balance

Expropriation in North Macedonia enables the state or municipalities to acquire private property for public interest projects—such as infrastructure, energy systems, or urban planning—under strict legal conditions.

The Constitution mandates fair compensation, not below market value, paid promptly or via alternative property offers. The process requires a formal proposal, public hearings for owner input, and judicial oversight to ensure transparency and legality.

Property owners retain robust appeal rights, including court challenges to contest decisions or compensation amounts within tight deadlines. While the framework prioritizes balancing societal development with private rights, challenges like delays, disputes, and accessibility gaps persist.

Two-tier judicial review ensures accountability, with courts assessing public interest validity and procedural compliance. Expropriation remains a critical tool for national progress but demands strict adherence to legal safeguards to protect democratic values and property rights. The detailed overview of the topic provided by Marija Boceska, Senior Associate from JPM Skopje office is available here.

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JPM Law Office
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