Countries › Dominican Republic › Guide › 11. Real estate and land › Expropriation of land

Expropriation of land

Last verified: 2026-10-30 · Status: Stable

Property can only be taken for public utility or social interest, with prior payment of fair value, set by agreement or by a court. The procedure in Ley 344 of 1943 moves quickly, with a hearing within days and a judgment 10 days later. Its urgent possession article was read down by the Constitutional Court in 2020. The registry will not record the transfer until the owner is paid in full.

USD figures use the Banco Central de la República Dominicana reference selling rate of RD$60.9007 per US dollar for 29 October 2026, the latest row in its published rate file on the verification date, rounded to the cent.

Key facts

Compensation standard	Prior payment of fair value, by agreement or court Constitución art. 51 numeral 1, as of 2026-10-30 · in force
Judgment after hearing	10 daysLey 344 art. 8, as of 2026-10-30 · in force

The rule

1. No one is deprived of property except for justified public utility or social interest, with prior payment of fair value, by agreement or by a competent court. In a declared State of Emergency or Defence, compensation may not be prior.Constitución de 2024, art. 51 numeral 1, 2024-10-27 official text · verified 2026-10-30

2. If the parties do not agree on value, the State, the municipality or the affected parties ask the judge of first instance or the land court to order the taking and fix the price. A partial taking needs an approved subdivision plan. On registered land the case is entered in the Registro Complementario.Ley 108-05 de Registro Inmobiliario, as amended by Ley 51-07, art. 127, replacing Ley 344 art. 2, 2005-03-23 official text · verified 2026-10-30

3. The owner is summoned with 8 to 15 days notice, or 30 days if domiciled abroad.Ley 344 de 1943 sobre expropiaciones, art. 5, 1943-07-29 official text · verified 2026-10-30

4. Each side names an expert within that period. The owner's silence does not stop the case.Ley 344 de 1943 sobre expropiaciones, art. 6 and art. 7, 1943-07-29 official text · verified 2026-10-30

5. Judgment is due within 10 days of the hearing. Any extra measure must fit within 15 days.Ley 344 de 1943 sobre expropiaciones, art. 8 and art. 9, 1943-07-29 official text · verified 2026-10-30

6. Catastro appraisals used for tax are treated as correct and no court can reduce them, absent later loss in value.Ley 344 de 1943 sobre expropiaciones, art. 10, 1943-07-29 official text · verified 2026-10-30

7. If the Executive declares urgency, the State may take possession once it deposits the Catastro value in a special Treasury account, with any top up argued in court.Ley 344 de 1943 sobre expropiaciones, art. 13 and paragraph II, 1943-07-29 official text · verified 2026-10-30

8. The Constitutional Court held in 2020 that art. 13 clashed with art. 51 numeral 1, on prior payment, and kept the article with a conditional reading: outside a declared state of emergency or defence, the State may take possession only after depositing the Catastro valuation in a special Tesorería account, with any price supplement argued before the competent court.Sentencia TC/0182/20, Tribunal Constitucional, Ruling, 2020-06-23 official text · verified 2026-10-30

9. The Registrar will not record any transfer of an expropriated property until the holder has received the full amount.Ley 108-05 de Registro Inmobiliario, as amended by Ley 51-07, art. 97 paragraph III, 2005-03-23 official text · verified 2026-10-30

10. A person with property in dispute gets a court appointed guardian, and the price is held in a bank.Ley 344 de 1943 sobre expropiaciones, art. 15 paragraph, 1943-07-29 official text · verified 2026-10-30

Worked example

The State wants 2,000 m² of a plot worth RD$30,000,000 (about US$492,605.18) by private appraisal, and offers the Catastro value of RD$18,000,000 (about US$295,563.11). If no deal is made, the owner has 8 to 15 days to appear and name an expert. Keep the IPI value realistic, since art. 10 protects Catastro figures from being cut, and low declared values can haunt the owner.

Step by step

Answer any offer in writing and get an appraisal.
Name an expert in time.
Refuse transfer until paid.
Foreign investors check treaty rights at investing/investment-treaties.

Common traps

Owners abroad get 30 days, but notice can go to a representative in the country.
An urgency declaration moves possession first, so the Court ruling is the key defense. Read it in full before relying on it.
The official site of the Constitutional Court could not be reached in this session.
Art. 11 sends registered land to the Tribunal Superior de Tierras while art. 2 as amended points to the original jurisdiction judge, so confirm the forum.

Sources

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