Countries › Chile › Guide › 11. Real estate and land › Expropriation of property in Chile: constitutional guarantee, the DL Nº 2.186 procedure, provisional compensation by a three member commission, cash payment before possession, court challenges and deadlines

Expropriation of property in Chile: constitutional guarantee, the DL Nº 2.186 procedure, provisional compensation by a three member commission, cash payment before possession, court challenges and deadlines

Last verified: 2026-10-26 · Status: Stable

Property can be expropriated only under a general or special law for public utility or national interest, and the owner always has a right to compensation for the actual patrimonial damage, fixed by agreement or by the courts. Under DL Nº 2.186 a commission of three experts sets a provisional amount, the State takes title only on payment or deposit of the cash amount, and physical possession needs full prior payment. The owner has 30 days from publication to challenge the legality and until 30 days after possession to contest the amount.

Key facts

Days from Diario Oficial publication to challenge the legality of an expropriation	30 daysDL Nº 2.186 art. 9, as of 2026-10-26 · in force
Deadline to contest the compensation amount	30 days after physical possession textDL Nº 2.186 art. 12, as of 2026-10-26 · in force
Members of the provisional compensation commission	3 personsDL Nº 2.186 art. 4, as of 2026-10-26 · in force
Compensation absent agreement	Cash, paid before physical possession textConstitution art. 19 Nº 24, as of 2026-10-26 · in force

The rule

1. No one may be deprived of property, of the asset or of its essential attributes except under a general or special law authorising expropriation for public utility or national interest, as qualified by the legislator. The owner may challenge the legality of the act in the ordinary courts and always has a right to compensation for the patrimonial damage actually caused, fixed by agreement or by court judgment; absent agreement it must be paid in cash. Physical possession takes place only after full payment of the compensation, fixed provisionally by experts if there is no agreement, and the judge may suspend possession if the legality of the expropriation is challenged.Constitución Política de la República, text set by Decreto Nº 100 of 2005, Art. 19 Nº 24, third to fifth paragraphs, 2005-09-22 official text · verified 2026-10-26

2. Every expropriation follows DL Nº 2.186, whatever law authorises it. The procedure starts or continues with a commission of three members, chosen by the expropriating entity from a list of experts approved by supreme decree, of whom none may belong to the entity and no more than one to the public administration; the commission sets the provisional compensation. The expropriation act is published in extract once in the Diario Oficial (on the 1st or 15th of the month) within 90 days and in a local newspaper, and notified to the occupant through Carabineros.Decreto Ley Nº 2.186 of 1978, Ley Orgánica de Procedimiento de Expropiaciones (Diario Oficial 9 June 1978), Art. 1, art. 4 and art. 7, 1978-06-09 official text · verified 2026-10-26

3. Within 30 days of publication in the Diario Oficial, the owner may ask the court to annul the expropriation (property not expropriable, no authorising law or no legal cause), to extend it to the whole property or another part when the remainder loses economic significance, or to correct the payment terms. Either party may challenge the provisional amount and ask for the final compensation from notification until the 30th day after physical possession; each side appoints an expert, with an eight day evidence period. The parties may agree on the amount, form and timing of payment, including payment in kind, at any time before those deadlines expire. Compensation means the patrimonial damage actually caused that is a direct and immediate consequence of the expropriation, and the civil court of the place of the property is competent.
Cost to do it: Each party pays its own expert and lawyers; the law sets no filing fee.Decreto Ley Nº 2.186 of 1978, Art. 9, art. 11, art. 12, art. 14, art. 38 and art. 39, 1978-06-09 official text · verified 2026-10-26

4. When the agreed or provisional cash amount is paid to the owner or deposited with the court, ownership vests by law in the expropriating entity as an original title, free of prior claims; the owner's ownership, real rights other than legal easements, leases and other tenancy contracts, and prohibitions are extinguished. Without agreement, the entity may ask the judge for authority to take physical possession once the cash amount has been deposited.Decreto Ley Nº 2.186 of 1978, Art. 20 and art. 21, 1978-06-09 official text · verified 2026-10-26

Worked example

A road project expropriates 2,000 square metres of a logistics site. The Ministry's commission sets a provisional amount, the act is published in the Diario Oficial, and the owner has 30 days to ask that the whole site be expropriated if the remainder becomes unusable. The Ministry deposits the cash amount with the court before taking possession, and the owner may still seek a higher final amount until 30 days after possession.

Step by step

Diary the Diario Oficial publication dates (the 1st and 15th of each month) for any project affecting your land.
Within 30 days of publication, decide whether to challenge legality or ask for total expropriation.
Appoint your own valuation expert and file the amount claim before the 30th day after possession.
Check leases and mortgages: they are extinguished on payment, and mortgage creditors are paid from the compensation.

Common traps

The 30 day deadline from publication is short and runs even if the owner did not see the Diario Oficial.
Compensation covers direct and immediate patrimonial damage only.
Investment treaties may add protection for foreign investors (see disputes/investment-treaties).

Sources

← Water rights in Chile after the 2022 Water Code reform: water as a national public good, 30 year concession rights, extinction for non use, registration of old rights by 6 April 2032Using State land in Chile: concessions and leases of fiscal land from Bienes Nacionales, beach and coastal maritime concessions, and the restrictions near the border and the coast →