The promise of future developments, made by the expropriating community, does not reduce the damage caused by the expropriation and the compensation due to the dispossessed owner, recalled the Court of Cassation.
It thus vindicated a farmer whose access to certain plots was suppressed by the confiscation of part of his estate for the creation of a four-lane road.
Admittedly, pleaded the representative of the expropriating State, certain plots or remnants of plots are now completely isolated because of dispossession, but the State has undertaken to restore access by new developments and in particular by the construction of a crossing structure for the future road.
There is therefore no longer any problem, deduced this representative of the State, supported as usual by the government commissioner who also represents the administration in expropriation procedures. And the judge had followed this reasoning by not granting compensation.
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This is a mistake, on the contrary rectified the Court of Cassation on October 12, because such a commitment for the future does not repair the damage caused to the owner. This damage is current, certain and proven, due to the expropriation and should be compensated since it was not repaired at the time when the judge pronounced.