Case Studies Case Studies of Dilinos Law

PUBLISHED 10/07/2018
Property

The case concerned a property with a total area of 6,299 sq.m., of which an area of 1,426 sq.m. was acquisitioned, to be used as part of the Agioi Anargyroi Avenue in Kato Paphos. Part of the property was also a 380 sq.m. house.

The interesting part of this case was that the owners did not only seek a higher compensation for the part of land that was acquisitioned, but he was also seeking compensation for the detrimental effect the acquisition had on the rest of the property. They argued, among other things, that the quality of his life and that of his family was negatively affected, mainly from the construction of a highway of primary importance with four lanes which crossed the plot in which his house was built.

The initial offer from the government as a compensation for the land it had acquisitioned was €100.000, and it did not acknowledge any detrimental effect on the rest of the property and their quality of life.

As such, in 2004 our Office filed a Referral against the Republic of Cyprus, claiming compensation for both the value of the acquisitioned land as well as the abovementioned detrimental effects.

After a long legal process that lasted more than 8 years, the District Court of Paphos issued its decision in 2012 and ruled that the owner of the property was not adequately compensated and ordered a compensation which exceeded €800.000.