European UnionA government wants to expropriate my land for a highway. What compensation rights do I have?
Under EU law, you have the right to fair and prior compensation for expropriated land, grounded in the Charter of Fundamental Rights and interpreted by the European Court of Human Rights.
What the Law Says
EU law does not directly regulate expropriation — it remains a matter for national law — but sets binding minimum standards through the Charter of Fundamental Rights and the European Convention on Human Rights (ECHR), which all EU Member States have ratified and whose principles are applied by EU courts.
Article 17 of the Charter of Fundamental Rights of the European Union guarantees the right to property, stating that 'no one may be deprived of his or her possessions except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for the loss of the possessions.'
This mirrors Article 1 of Protocol No. 1 to the ECHR, which provides: 'Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.'
The requirement of 'fair compensation' means payment must reflect the market value of the land at the time of expropriation, be made before or simultaneously with dispossession ('in good time'), and ensure a 'fair balance' between the public interest and the individual’s rights.
Statutory Textno one may be deprived of his or her possessions except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for the loss of the possessions.
— Charter of Fundamental Rights of the EU, Art. 17 — Right to property
Statutory TextEvery natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
— European Convention on Human Rights, Art. 1 of Protocol No. 1
What Courts Have Said
The European Court of Human Rights (ECtHR) has consistently held that compensation must be 'reasonable in relation to the value of the property taken' and paid 'promptly' to avoid de facto deprivation without redress.
The Court ruled that prolonged uncertainty over expropriation — without timely compensation or final decision — violated Article 1 of Protocol No. 1, establishing that fairness includes both amount and timing.
Confirmed that even lawful expropriation for public interest requires 'fair balance'; inadequate or delayed compensation breaches the Convention.
What to Do
Verify that the expropriation decision is based on clear national law and declared public interest (e.g., highway infrastructure).
Request a formal valuation report from an independent expert — compensation must reflect current market value.
Ensure compensation is paid before or at the moment of transfer of possession ('in good time').
If offered insufficient or delayed payment, file an appeal with your national administrative or constitutional court — citing Art. 17 of the EU Charter and/or Art. 1 of Protocol No. 1.
As a last resort, apply to the European Court of Human Rights in Strasbourg after exhausting all domestic remedies (within 4 months of final national decision).
Sources
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JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.