This section is from the book "Practical Real Estate Methods For Broker, Operator & Owner", by Thirty Experts. Also available from Amazon: Practical Real Estate Methods for Broker, Operator, Owner.
When property is condemned in Mexico for public improvement and the owner or owners do not agree to the valuation set by the tax office and the known value of the property, the Federal District Judge appoints an appraiser and requires the owner to do likewise in (8) eight days. Though the appraisers can accept or reject their appointments, they can not refuse to act once they have signified their willingness. Should the owner not appoint an appraiser, the Judge, acting ex-officio, or at the instance of the public prosecutor, requires him to do so within forty-eight hours. Otherwise, the valuation of the state's officer will be accepted. If valuations are not submitted within eight days, they suffer a fine for each day. If at the end of the second eight days, one valuation is submitted, the award will be based on that. If neither is submitted, the judge will appoint a third appraiser to settle the matter.
Property expropriated in Brazil cannot be paid for to a greater extent than 10 or 15 times its rental value. Should there be any disagreement regarding the amount, the government is authorized to pay the minimum price demanded or stated, take possession of the property and pay the difference as soon as agreed between the government and the owner. Property can be expropriated for any public improvement. If the property taken is more than one-half of the total plot, or if the most valuable part is taken by the government, the owners can force the government to take the entire plot.
The Law of Expropriation of Peru, October 25, 1900, provides that property expropriated for public utility must be valued immediately and an appropriate indemnity handed over previously, and in cash. All works destined to serve for the general good of two or more towns or provinces are considered for public utility. In all cases of compulsory expropriation, beside the price at which the property is valued, an extra one per cent must be paid to the owner for good will and five per cent as indemnity.
At present there is no legal method by which property can be condemned for public improvement in Persia. Real estate can legally be taken from an owner for such improvement only, with the consent of the owner and on terms agreed to by him. But property wanted by the government is taken by force, providing the owner is not a person of sufficient wealth or importance to prevent this being done.
The only property expropriated in Siam is for railways which are owned principally by the government. There are but few roads and these are near Bangkok. Almost all communication is carried on by water, as their mode of travel is through canals. If these canals are extended, it is usually through waste land, and an agreement is reached direct with the owner, as he is only too happy to have the improvement. When a new railroad is to be built or lines extended, a royal proclamation is issued and the land staked out by surveyors. Commissioners and owners try to agree, each calling in an arbitrator, if necessary, and finally an umpire.
No one can be deprived of property in Chile except by judicial decree or by right of eminent domain, in which last case the owner first receives an indemnity to which he agrees or which is fixed by "good men." In case the owner and the government cannot agree, each appoints an appraiser and, in case of a tie, a third is appointed. Only experts of highest repute can act. Government and municipal employees are barred from acting in such a capacity. The sum agreed upon must be paid before the owner is obliged to give up possession.
There is no law existing at present covering condemnation of property in Morocco. Under the General
Act of Algeciras, however, the condemnation of the property for public improvements is provided for, and regulations regarding the same have been drawn up by the Diplomatic Corps at Tangier and the Shereefian Delegates and submitted to their respective governments for approval. These regulations are, however, not in execution pending the settlement of dynastic questions and others in that country.
The government of Haiti notifies the owners that it is willing to pay for property in question. Fifteen days after this the owner notifies the government as to whether or not he accepts the government's offer. If the government's offer is not accepted, the owners are summoned to appear before the Civil Court for the purpose of regulating the matter. A jury of three (3) or six (6) citizens is chosen from property owners in the section where the property to be condemned is located. These jurors examine all documents and evidences presented, and upon their judgment depends the result, a majority vote deciding the matter.