Glossary

The amount for which an asset would sell following a transaction taking place in all fairness between parties willing and knowledgeable of the facts. The asset is assessed on the assumption that the site is suitable to maintain the present use as part of a business operating according to the convention of the company (going concern) or a similar utility requiring only minor modifications. This concept of value is not an estimate of the value that the business would sell for on the open market. Here again, the delay of sale must be reasonably sufficient to find a purchaser. Implicitly this definition presupposes a sale at a given date and/or transfer of securities from the seller to the purchaser according to the following terms and conditions: the seller and the purchaser are typically motivated; The parties are well informed or well advised; Each party is according to what it sees for his best interests; The settlement is made in cash or equivalent; Financing that normally applies to this type of property can be obtained under normal conditions on the market at the specified date. The selling price represents a proper consideration of the sold property and does not include special and/or conditional funding, costs of services, costs or credits contracted in the transaction. This value represents the opinion of the appraiser on an item of an effective utility for the period of its economic remaining lifespan. Even if depreciation increases with time, the time factor is not the sole factor controlling it; It is a contrast with the accounting depreciation.

The value of convenience or the special value to the expropriated party is the value of a property or a right to its owner-user. It is a value that generally exceeds the market value, insofar as it contains the latter, plus a particular value for the owner-user. We wll generally talk of special value to the expropriated party when this value can be an economic advantage to the expropriated party.

Law which having entered in a patrimony under a law or under old rules, cannot be challenged by the application of a new law or new rules. Acquired right in respect of a site, a construction, a use or a sign permits to maintain and enjoy a factual situation even if this situation is no longer consistent with the new planning regulation. Recognition of acquired right is based on a principle which states that, in general, laws and regulations are not retroactive, that is to say they cannot undermine existing situations before their entry into force, unless specified by law.