Lucrare publică executată pe terenul reclamanţilor, fără să fi fost declanşată exproprierea. Drept la despăgubiri. Obligarea autorităţilor publice la efectuarea demersurilor în vederea exproprierii. Condiţii. Limite

Public work executed on the plaintiffs’ land, without the initiation of the expropriation procedure. Right to compensation. Obligation of the public authorities to take steps for expropriation purposes. Conditions. Limits

Abstract

Given that the estate is already occupied by the work of public utility, an action to initiate the expropriation of the respective estate is admissible, and to this end the judicial practice in the matter was pronounced, both at the European and at the national level.

The assertions according to which there is no expropriation and an expropriation de facto is not possible, cannot be accepted, since as long as the expropriation procedure was initiated for an estate, and the public work for which the expropriation should have been made was already...