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Can a claim be filed directly against an expropriating administration to obtain the fair market value that was not paid by a concessionaire, when the latter has been declared bankrupt?

5 de junio, 2013



The facts were similar in each of these cases: after the expropriation had been processed through emergency proceedings (which implies seizing the expropriated land prior to paying its fair market value) and the fair market value had been claimed through the courts (thus producing a Judgment that established the relevant amount), the concessionaire/beneficiary of the expropriation was declared bankrupt. In light of the situation described, the parties who had suffered the expropriation sought to get the expropriating administration to assume the payment of the fair market value established.

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