Controversatul caz al limitării dreptului de proprietate prin intermediul planurilor urbanistice. Despre exproprieri de fapt. Între oportunitate şi exces de putere

Av. Alina-Mihaela GHERMAN

The controversial case of the limitation of property rights through urbanisation plans. About expropriations in fact. Between expediency and excess power

Abstract

The purpose of this article is to present the main guidelines in the field of de facto expropriation established by urban plans, a field that constantly generates topical issues.

In this way, using case-law, we will attempt to find some answers to current important questions: Can urban plans include provisions which disguise de facto expropriations; Can the courts invalidate urban plans if such documents establish de facto expropriations; Which form of legal redrees can the courts order when a private individual's property rights is limited by an urban plan?

Without claiming to deal exhaustively with these legal issues, emphasising the different...