On the contrary, according to protothema.gr, the so-called “special heirs”, i.e. the children of the heirs to whom the ownership of the property came with parental support, are not entitled to request the revocation of the expropriation of a property which has been carried out. Also, the new owners who bought the disputed property are not entitled to request the revocation of the expropriation of the property, once it has been sold.
The Plenary Session of the CoE (chairwoman Mary Sharp and rapporteur the Councilor of State Konstantina Filopoulou) was occupied by the case of persons who came to the prefecture and their possession with parental benefits, a property of 67 sq.m. in the area of Makrygiannis which in 1963 had been expropriated by the State.
The expropriation took place in the context of the protection of the neighboring archaeological site of the Acropolis, as the disputed property blocks its view.
Special successors of the original owner are excluded
The Plenary, with decision No. 1297/2024, rejected the application of the “special heirs” who requested that the said expropriation of the property be revoked.
The State Councilors considered that only the original owner or their universal successor (heir), but not their “special successors”, are entitled to request the revocation of the expropriation, according to Article 55 of Law 4663/2020.
Therefore, the State advisers continue, “the “special heirs” of the original owner of an expropriated property are not entitled to submit a request for the revocation of an expropriation, nor to file a request for annulment against the express or implied refusal of the administration to revoke the said expropriation”.
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