«Law on Expropriation Chapter 1 General Provisions Article 1: This law aims to define an expropriation in the Kingdom of Cambodia by defining the ...»
- Compensation to be paid; and
- Deadline for the owner of the immovable property and/or rightful owner to move from the location and hand over the immovable property to the Expropriation Committee.
The Expropriation Committee shall give notice on the decision on expropriation and shall pay complete compensation to the owner or rightful owner in advance.
Financial compensation given to the property owner and/or rightful owner shall be based on a market price or replacement price on the date of declaration of the expropriation.
The market price or the replacement price shall be determined by an independent committee or agent selected by the Expropriation Committee.
The owner and/or the rightful owner has the right to compensation for actual damages commencing from the last date of declaration of expropriation for which they are entitled to fair and just compensation.
The compensation shall be made in cash, property or replacement rights, according to the actual situation and consent from the owner and/or the rightful owner and the Expropriation Committee.
The formality and payment procedures shall be defined by sub-decree proposed by the Ministry of Economy and Finance.
The financial compensation shall be calculated using total compensation minus transfer tax and/or unused land tax which has not been paid to the state and the Expropriation Committee shall pay the tax to the national budget according to existing procedures.
The financial compensation for ownership of immovable property and real rights to immovable property does not include fluctuation of value occurring after the declaration of the expropriation project. This is because the fluctuation can be caused by a change of reserved land measures in urban planning which determines land use areas or approved land use plans or because of the declaration of the expropriation.
After receiving full financial compensation, the owner and/or rightful owner shall continue to be responsible for safekeeping, dwelling, possessing and benefiting from the right and immovable property until the property is taken by the Expropriation Committee.
The Expropriation Committee can accept the immovable property or the right to the
immovable property after:
- the procedures and requirements are carried out as set out in Sections 1 and 2 of Chapter 4 of this law;
- financial compensation has been paid in accordance with the principles and the procedures set out in Section 3 of Chapter 4 of this law.
A lessee who is holding a proper lease agreement is entitled to compensation for disruptions arising from dismantling equipment and transporting it to a relocation site.
The immovable property’s lessee who is operating a business shall have access to compensation for effects on the business and to just and fair additional compensation for the capital actually invested for the business operation. The compensation shall commence from the date of the declaration on an expropriation project.
For the expropriation of a location where a business is in operation, the owner is entitled to support of additional compensation at a fair and just rate for the cost of the property that is actually affected, commencing from the date of the declaration of the expropriation.
Transitional Control and Management of the Immovable Property
After the date of the declaration of the expropriation project, the owner and/or rightful owner of the immovable property cannot sell or transfer the immovable property to other persons. Any documents and procedures which are against this provision are deemed null and void.
In relation to the use of land or the concerned immovable property, the existing situation and size of land used shall be maintained as it is when the expropriation project is declared.
No construction on the land shall take place. The owner or the rightful owner of the immovable property shall not be entitled to compensation for new construction which is against the provisions of this law.
Unless there is another agreement or permission, the owner or the rightful owner may continue to occupy the immovable property for 1 (one) month after receiving from the Expropriation committee the full compensation paid, according to procedures set out in Chapter 4 of this law.
In case the owner and/or the rightful owner refuse to leave their location, the Expropriation Committee might request the competent institutions or authorities to take measures in order that the person leaves the expropriated location.
The Expropriation Committee and the Complaint Resolution Committee are authorized to review and resolve complaints.
The owner and/or the rightful owner who do not agree with a decision by the Expropriation Committee can bring their complaint to the Complaint Resolution Committee.
If there is a disagreement with the decision on the complaint by the Complaint Resolution Committee, the owner and/or the rightful owner may bring their complaint to the competent court, concerning expropriation procedures carried out improperly, the expropriation which is not for public and national interest, and the compensation which is not fair and just.
The formalities and complaint procedures shall be determined by sub-decree.
Any competent authorities who do not respect these provisions shall be subject to administrative punishment as well as any other punishment in accordance with existing laws and provisions.
Any individual who hinders the implementation of a decision on expropriation with bad faith which blocks the processes of execution of the project which is for public and national interests shall be subject to an imprisonment from 1 (one) month to 1 (one) year and a fine from 100,000 (a hundred thousand) to 2,000,000 (two million) Riel.
Anyone who infringes on the occupation and use of a site which is already expropriated shall be punished, according to existing criminal provisions.