The administrative phase:
The first phase starts with the publication in the Belgian Official Gazette (Le Moniteur Belge) of a decree confirming the public utility of the planned works. The following steps take place during this phase:
- Infrabel draws up plans of the plots of land to be expropriated.
- Infrabel draws up a substantiated request in order to obtain a royal decree for the expropriation of land for public utility.
- Infrabel sends the file to the Federal Public Service Mobility and Transport.
- The royal decree confirming the public utility of the works is issued and published in the Belgian Official Gazette.
The negotiation phase:
During the initial step of this phase, negotiations are carried out to establish an amicable arrangement (in this case, it takes into account the value of the property and the compensation due in the event of an expropriation).
If no agreement is reached the case is sent to the court, which sets the compensation and orders the transfer of the ownership of the property. The following steps are carried out during this phase:
- Infrabel requests the acquisition committee of the Federal Public Service Finance (an entirely independent institution) to contact those concerned in order to negotiate the compensation.
- The acquisition committee carries out a survey of the property and offers an amount of compensation.
- The acquisition committee negotiates with the person to be expropriated.
- Infrabel compensates the expropriated person and becomes the owner of the property.