Public authorities need real estate to manage public utilities. While the state's properties are subject to a special legal regime, the administration typically acquires land through ordinary methods, acting as a private individual under private law rules. However, when such ordinary acquisition proves impossible, the legislator allows the state to resort to expropriation for public utility purposes to avoid paralysis of state activities. The Moroccan Parliament has approved a new law on expropriation for public utility, which updates and governs this exceptional power. This text introduces the legal framework balancing public infrastructure needs with private property rights.
Mohamed El Kechir (Sat,) studied this question.