Etapele procedurii exproprierii în dreptul comun român

drd. ANA-MARIA NICOLCESCU*

* e-mail: anicolcescu@yahoo.com

Judecător - Tribunalul Gorj

ABSTRACT

In essence, the expropriation procedure goes through two stages, the administrative stage and the judicial stage, the common law in the matter being represented by the Law No 33/1994, as amended and supplemented.

The litigation procedure is criticizable however, in many aspects, for the lack of transparency and of access to data, from the perspective of the holder of the restricted real right.

Thus, although in the preamble of this normative act it is affirmed the necessity of equalizing the right of private ownership with the public interest, the latter has priority in many of the situations that have arisen in practice.

Keywords: expropriation; public utility; administrative stage; judicial stage; subsidiary nature; fair and preliminary compensation; right of use; right of restitution; pre-emption right.

1. Etapa administrativă.

1.1. Titularii...