On 21 / 10 / 2011, a Expropriation of Decree was published, according to which 76 sq.m. of a property, located in the Panagia parish (Pallouriotissa) at the intersection of Mesokeleos Street with Andrea Zakou Avenue (extension of Agios Ilarionos Avenue) about 250m north of the SOPAZ roundabout, were expropriated. An area of 222 sq.m of the property remuired.
Within the property there was a ground floor house with a total area of 88 sq.m. which was old but until the death of the owner in 201, it was habitable. The residence was demolished around June 2011 by the Expropriation Authority during the execution/implementation of the expropriation project, without informing the estate administrator of the deceased owner about the demolition of the house.
The Department of Lands and Surveys offered the estate administrator of the deceased as compensation the amount of €26,600 plus legal interest for the expropriation of 76 sq.m. of the property. The Administrator did not accept this offer from the Department of Land and Surveys and claimed further compensation for the adverse impact on the property caused by the demolition of the residence. In 2013 the Administrator register a Reference to the District Court of Nicosia. Despite the negotiations that followed, no agreement was reached, as the position of the Department of Land and Surveys was that the value of the part remaining of the property after the expropriation and demolition of the residence had not been adversely affected. Furthermore, the Department of Land and Surveys agreed that the offered compensatory amount included the value of the demolished residence.
After 10 years of legal disputes, the Court ruled in favour of the estate administrator of thw deceased, accepting the positions presented by his lawyer Mr. Michael Dilinos, the urban planners from ALA PLANNING and the valuer Mr. Frixos Minas. The Court decided the following: «Weighing and balancing all the facts before the Court, I am of the opinion, and this constitutes the final finding of the Court, that since there was a residence (irrespective of its age, damage and habitability) within the expropriated area of the property, which was demolished due to the expropriation and, based on the urban planning zone of the property, cannot be rebuilt anymore ( in the remaining part of the property that was not expropriated), it has suffered an adverse impact because its market value has decreased.» The Court accepted the position of the valuer of the estate administrator that the adverse impact on the remaining part of the property was in the order of 40%, awarding a total compensation amount of €90.000.
Case Studies