The presupposition of all forced expropriation, as an institution of public law, is the existence of a public interest, legally and constitutionally qualified as a cause of public utility or social interest. Protocol No. 1 to the European Convention on Human Rights, ratified by most European States, expressly protects the right to property.

Once the public utility or social interest is recognized, the need to occupy the assets and rights that are specifically expropriated must also be declared or specified. Finally, the expropriation is consummated with the occupation of the expropriated goods and rights. Being real estate generally, it is also necessary to practice the corresponding registration in the Property Registry.

But the justification of forced expropriation through the prior existence of a cause of public utility or social interest cannot be considered complete without mentioning the reversion of the expropriated assets, that is, the right of the former expropriated person, or his successors, to recover the expropriated property with respect to which said cause of public utility or social interest has not been fulfilled, a cause that, consequently, it is not enough that it pre-exist but that it be fulfilled or consumed with the particularities and limitations established by law.

Likewise, the payment of a fair price or fair price to the expropriated person is essential. Without payment or consignment, the transfer of ownership does not occur. However, compared to ordinary expropriations, in which payment is required before occupation, in urgent expropriations the occupation is anticipated with the payment of the just price (quick condemnation in English).

Trademark expropriation is an institution of public law, through which the State acts for the benefit of a cause of public utility or social interest, with the purpose of obtaining the forced transfer to its assets of the right of ownership of a distinctive sign used by a producer or distributor to identify the goods it manufactures or sells from those of other companies (brand), through a final judgment and timely payment of fair compensation (definition based on the definition contained in the Venezuelan Expropriation Law for public utility or social interest, article 2).

Argentina (with special mention to the Province of Buenos Aires)

By not integrating common law - delegated by the provinces to the National State, whose dictation entrusts the Constitution to the National Congress and is applicable throughout the national territory (art. 75 inc. 12) -, the expropriation matter and its legal regulation vary from one province to another, as well as between that of the National State and its capital, the Autonomous City of Buenos Aires. At the national level Law 21,499 governs, and in the Province of Buenos Aires Law 5708. The latter establishes the requirements that any initiative must meet - within the territorial scope of the Province - to become a declarative law of its own use, enabling the procedure that first promotes the execution of the expropriation through the signing of a direct agreement (also called agreement) and if this is not obtained, through judicial action. Article 29, last part, of the same law, created for direct negotiations or transactions in court a Expropriation Council, dependent on the State Attorney, who exercises his presidency due to the functions of control and representation in court of the Province assigned to him by the Provincial Constitution (art. 155). Decree 955/72 of the Province of Buenos Aires regulates the integration and functions of the Council, expressly formulating its intention to centralize in the State Prosecutor the development and comprehensive control of the expropriation, given that -if the agreement is not possible-, it will be the same official who will represent the Province in the expropriation trial. The intervention of the Council is centralized in a Secretary who depends directly on the Presidency of the body, where once the declaratory law of public utility has been promulgated, the actions must be sent for its execution * (art. 10, Decree 955/7*2), with the urgency imposed by the period within which it must take place, otherwise abandonment, or loss of validity of the special affectation law, will occur (art. 47, Law 5708).

Spain

Forced expropriation is an administrative act by which, due to public utility or social interest, a person's property (or legitimate interest) is stripped, compensating them with the payment of a fair price. Although the generic bases are included in article 33.3 of the Constitution of '78, the developed regulations that govern the matter were approved by the dictator Francisco Franco by Law of December 16, 1954, on Forced Expropriation.

Chili

The figure of expropriation for reasons of public utility or national interest is regulated in numeral 24 of article 19 of the Political Constitution of the Republic of Chile of 1980 and in Decree Law No. 2,186, of 1978, Organic Law of Expropriation Procedure.

Guatemala

Expropriation is regulated in the Republic of Guatemala in the Political Constitution of the Republic – specifically in Title II Human Rights and Chapter I Individual Rights, Article 40 – and in Decree Number 529 of the Congress of the Republic, which constitutes the Expropriation Law, which is the specific law on the matter.

Mexico

For Mexican Legal Doctrine, expropriation is an administrative act by virtue of which a person is deprived of their property, either partially or totally, as long as there is a cause of public utility and through compensation.

It is regulated in the Political Constitution of the United Mexican States that Reforms that of February 5, 1857 in the First Title Chapter I "On Human Rights and Their Guarantees" in its article 27 paragraphs I, II and III,[1]​ article from which a wide variety of regulatory laws arise but for the purposes of the figure of expropriation the so-called "Expropriation Law" arises[2]​ which, since it is a regulatory law, aims to provide in the administrative sphere to its exact observance, said law is responsible not only for defining said institution but also for the purpose of establishing the causes of public utility and regulating the procedures, modalities and execution of expropriations.

El Salvador

In El Salvador, the Constitution regulates expropriation in the title of the economic order, in this regard it literally establishes: "Art. 106.- Expropriation will proceed for reasons of public utility or social interest, legally proven, and after fair compensation.

When the expropriation is motivated by causes arising from war, public calamity or when its purpose is the supply of water or electrical energy, or the construction of homes or roads, paths or public thoroughfares of any kind, compensation may not be prior.

When justified by the amount of compensation that must be recognized for the expropriated assets in accordance with the previous paragraphs, payment may be made in installments, which will not exceed a total of fifteen years, in which case the corresponding bank interest will be paid to the expropriated person. Said payment must be made preferably in cash.

Entities that have been created with public funds may be expropriated without compensation.

Confiscation is prohibited, whether as a penalty or in any other way. The authorities that contravene this precept will be liable at all times with their persons and property for the damage inflicted. Confiscated assets are imprescriptible.

The presupposition of all forced expropriation, as an institution of public law, is the existence of a public interest, legally and constitutionally qualified as a cause of public utility or social interest. Protocol No. 1 to the European Convention on Human Rights, ratified by most European States, expressly protects the right to property.

Once the public utility or social interest is recognized, the need to occupy the assets and rights that are specifically expropriated must also be declared or specified. Finally, the expropriation is consummated with the occupation of the expropriated goods and rights. Being real estate generally, it is also necessary to practice the corresponding registration in the Property Registry.

But the justification of forced expropriation through the prior existence of a cause of public utility or social interest cannot be considered complete without mentioning the reversion of the expropriated assets, that is, the right of the former expropriated person, or his successors, to recover the expropriated property with respect to which said cause of public utility or social interest has not been fulfilled, a cause that, consequently, it is not enough that it pre-exist but that it be fulfilled or consumed with the particularities and limitations established by law.

Likewise, the payment of a fair price or fair price to the expropriated person is essential. Without payment or consignment, the transfer of ownership does not occur. However, compared to ordinary expropriations, in which payment is required before occupation, in urgent expropriations the occupation is anticipated with the payment of the just price (quick condemnation in English).

Trademark expropriation is an institution of public law, through which the State acts for the benefit of a cause of public utility or social interest, with the purpose of obtaining the forced transfer to its assets of the right of ownership of a distinctive sign used by a producer or distributor to identify the goods it manufactures or sells from those of other companies (brand), through a final judgment and timely payment of fair compensation (definition based on the definition contained in the Venezuelan Expropriation Law for public utility or social interest, article 2).

Argentina (with special mention to the Province of Buenos Aires)

By not integrating common law - delegated by the provinces to the National State, whose dictation entrusts the Constitution to the National Congress and is applicable throughout the national territory (art. 75 inc. 12) -, the expropriation matter and its legal regulation vary from one province to another, as well as between that of the National State and its capital, the Autonomous City of Buenos Aires. At the national level Law 21,499 governs, and in the Province of Buenos Aires Law 5708. The latter establishes the requirements that any initiative must meet - within the territorial scope of the Province - to become a declarative law of its own use, enabling the procedure that first promotes the execution of the expropriation through the signing of a direct agreement (also called agreement) and if this is not obtained, through judicial action. Article 29, last part, of the same law, created for direct negotiations or transactions in court a Expropriation Council, dependent on the State Attorney, who exercises his presidency due to the functions of control and representation in court of the Province assigned to him by the Provincial Constitution (art. 155). Decree 955/72 of the Province of Buenos Aires regulates the integration and functions of the Council, expressly formulating its intention to centralize in the State Prosecutor the development and comprehensive control of the expropriation, given that -if the agreement is not possible-, it will be the same official who will represent the Province in the expropriation trial. The intervention of the Council is centralized in a Secretary who depends directly on the Presidency of the body, where once the declaratory law of public utility has been promulgated, the actions must be sent for its execution * (art. 10, Decree 955/7*2), with the urgency imposed by the period within which it must take place, otherwise abandonment, or loss of validity of the special affectation law, will occur (art. 47, Law 5708).

Spain

Forced expropriation is an administrative act by which, due to public utility or social interest, a person's property (or legitimate interest) is stripped, compensating them with the payment of a fair price. Although the generic bases are included in article 33.3 of the Constitution of '78, the developed regulations that govern the matter were approved by the dictator Francisco Franco by Law of December 16, 1954, on Forced Expropriation.

Chili

The figure of expropriation for reasons of public utility or national interest is regulated in numeral 24 of article 19 of the Political Constitution of the Republic of Chile of 1980 and in Decree Law No. 2,186, of 1978, Organic Law of Expropriation Procedure.

Guatemala

Expropriation is regulated in the Republic of Guatemala in the Political Constitution of the Republic – specifically in Title II Human Rights and Chapter I Individual Rights, Article 40 – and in Decree Number 529 of the Congress of the Republic, which constitutes the Expropriation Law, which is the specific law on the matter.

Mexico

For Mexican Legal Doctrine, expropriation is an administrative act by virtue of which a person is deprived of their property, either partially or totally, as long as there is a cause of public utility and through compensation.

It is regulated in the Political Constitution of the United Mexican States that Reforms that of February 5, 1857 in the First Title Chapter I "On Human Rights and Their Guarantees" in its article 27 paragraphs I, II and III,[1]​ article from which a wide variety of regulatory laws arise but for the purposes of the figure of expropriation the so-called "Expropriation Law" arises[2]​ which, since it is a regulatory law, aims to provide in the administrative sphere to its exact observance, said law is responsible not only for defining said institution but also for the purpose of establishing the causes of public utility and regulating the procedures, modalities and execution of expropriations.

El Salvador

In El Salvador, the Constitution regulates expropriation in the title of the economic order, in this regard it literally establishes: "Art. 106.- Expropriation will proceed for reasons of public utility or social interest, legally proven, and after fair compensation.

When the expropriation is motivated by causes arising from war, public calamity or when its purpose is the supply of water or electrical energy, or the construction of homes or roads, paths or public thoroughfares of any kind, compensation may not be prior.

When justified by the amount of compensation that must be recognized for the expropriated assets in accordance with the previous paragraphs, payment may be made in installments, which will not exceed a total of fifteen years, in which case the corresponding bank interest will be paid to the expropriated person. Said payment must be made preferably in cash.

Entities that have been created with public funds may be expropriated without compensation.

Confiscation is prohibited, whether as a penalty or in any other way. The authorities that contravene this precept will be liable at all times with their persons and property for the damage inflicted. Confiscated assets are imprescriptible.