Authorization for the Amendment of the Expropriations Code

It has been published today Law No. 25/2026, authorizing the Government to amend the Expropriations Code, with a view to decentralizing the competence to declare the public utility of expropriations, transferring it to the municipal assemblies.

Under this enabling law, the Government may amend Article 14 of the Expropriations Code, so that the declaration of public utility will be issued by resolution of the municipal assembly of the territory where the property to be expropriated is located, upon proposal of the expropriating entity. Such resolution shall be deemed a declaration of public utility under Article 13(2) of the said Code.

The regime to be approved must also ensure coordination between municipal bodies (deliberative and executive), provide for decision-making mechanisms in situations involving more than one municipality, and establish merely informative reporting obligations to the Government.

The enabling law has a duration of 90 days, and therefore an amendment to the Expropriations Code is expected soon.

For further information, please contact our team at the following email address: jlp@ccsllegal.com

[Photo by: Joel Filipe, available at unsplash.com]