Expropriations – Claiming compensation for expropriations done prior to 2017

The Government Lands Act (Chapter 573 of the Laws of Malta, hereinafter ‘the Act’) came into effect in 2017, repealing the Land Acquisition (Public Purposes) Ordinance (Chapter 88 of the Laws of Malta) and implementing a new regime regarding expropriations by Government.

With regard to expropriations done prior to 2017, The Act has established a peremptory deadline to submit a court case to claim compensation. The claim must be submitted within thirty years of the Presidential Declaration's publication.

Does this mean that it is no longer possible to file a court case for compensation for all property expropriated prior to 2017?

The answer depends on the title under which a property was expropriated.

If the property was expropriated through absolute purchase, the date of the Presidential Declaration is crucial. If the Declaration was issued after 1995, there is still time to file a claim for compensation as the deadline is thirty (30) years from that date, being 2025.

Where the government had taken possession of or administered property prior to 2017 without issuing a Declaration, the owner had to bring a claim for damages within five years of the Act's implementation. Therefore, for property that was occupied by the government but was never officially subject to a declaration, the deadline to claim compensation expired in 2022.

However, there is no deadline for lands acquired by the Government for possession and use as well as those held under public tenure. This means that the owners of immovable property that has been held by possession and use and/or public tenure are still in time to file for compensation. In this regard, it is important to note that to receive compensation, it is very likely that two separate court procedures need to filed as -

1. First, the owner must request the Land Arbitration Board to order the Government to acquire the property by absolute purchase in accordance with the Act's provisions, including issuing a relative declaration and declaring the amount of compensation it is willing to pay.

2. Secondly, if the owner is not satisfied with the compensation being offered, the owner would need to open a second court case to contest the amount of compensation offered by the Government.

With regards to public tenure, it is worth noting, that the Act completely removed this as a method of expropriation, and bound the Government to acquire all lands held by such title through absolute purchase or possession and use as established in the Act, or else to relinquish them to the owner.

It is crucial for owners to understand their rights in expropriation related cases. We are available to guide you through the process to obtain the compensation to which you are entitled.

Dr Samira Briffa