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The Constitution Of Greece
Article - 17 in Greek
1. Property is under the protection of the State; rights deriving therefrom, however, may not be exercised contrary to the public interest.
2. No one shall be deprived of his property except for public benefit which must be duly proven, when and as specified by statute and always following full compensation corresponding to the value of the expropriated property at the time of the court hearing on the provisional determination of compensation.
In cases in which a request for the final determination of compensation is made, the value at the time of the court hearing of the request shall be considered.
If the court hearing on the final determination of compensation takes place after one year has elapsed from the court hearing on the provisional determination, then for the determination of the compensation the value at the time of the court hearing on the final determination shall be taken into account.
The capability to cover the expropriation expenditure should be specifically justified in the decision for declaration.
Provided that the beneficiary consents to it, the compensation may be also paid in kind, especially in the form of granting ownership of some other property or of granting rights over some other property.
3. Any change in the value of expropriated property occurring after publication of the act of expropriation and resulting exclusively therefrom shall not be taken into account.
4. Compensation shall in all cases be determined by the competent courts.
Such compensation may also be determined provisionally by the court after hearing or summoning the beneficiary, who may be obliged, at the discretion of the court, to furnish a commensurate guarantee for collecting the compensation as provided by the law.
A law may provide the establishment of a uniform jurisdiction, notwithstanding Article 94, for all disputes and cases relating to expropriation, as well as for conducting the relevant processes before the courts as a matter of priority.
The manner in which pending processes before the courts are continued, may be regulated by the same law.
Prior to payment of the final or provisional compensation determined by the court, all rights of the owner shall be maintained intact and occupation of the property shall not be allowed.
In order for works of a general importance for the economy of the country to be carried out, the execution of works even prior to the determination and payment of the compensation may be allowed by special decision of the court which is competent for the final or provisional determination of the compensation, provided that a reasonable part of the compensation is paid and that full guarantees are provided in favour of the beneficiary of the compensation, as provided by law.
The second period of the first section applies accordingly also to these cases.
Compensation in the amount determined by the court must in all cases be paid within one and one half years at the latest from the date of publication of the decision regarding provisional determination of compensation payable, and in cases of a direct request for the final determination of compensation, from the date of publication of the court ruling, otherwise the expropriation shall be revoked ipso jure.
The compensation as such is exempt from any taxes, deductions or fees.
5. The cases in which compulsory compensation shall be paid to the beneficiaries for lost income from expropriated property until the time of payment of the compensation shall be specified by law.
6. In the case of execution of works serving the public benefit or being of a general importance to the economy of the country, a law may allow the expropriation in favour of the State of wider zones beyond the areas necessary for the execution of the works.
The said law shall specify the conditions and terms of such expropriation, as well as the matters pertaining to the disposal for public or public utility purposes in general, of areas expropriated in excess of those required.
7. The digging of underground tunnels at the appropriate depth without compensation, may be allowed by law for the execution of works of evident public utility for the State, public law legal persons, local government agencies, public utility agencies and public enterprises, on condition that the normal exploitation of the property situated above shall not be hindered.
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