Expropriation for Reasons of Public Utility

  • Maria Cristiana Ieremie
Keywords: public domain; public administration; administrative authorities; public utility

Abstract

In Romania, before the events that led to the overthrow of the communist political regime, Antonie Iorgovan considered that the goods in respect of which the state administration bodies hold the right of administration for public use, form the public domain. Expropriation for reasons of public utility is a set of administrative and jurisdictional acts and operations, by which the state or local public administration authorities impose the forced transfer, for their benefit, of ownership of real estate belonging to individuals or legal entities with or without profit , as well as those in the private property of communes, cities, municipalities and counties, for the purpose of public utility and in exchange for a fair and prior allowance.

References

A.Iorgovan, Administrative Law, Bucharest, 1989.
E.D. Tarangul, Romanian Administrative Law Treaty, “Glasul Bucovinei” Publishing House, Chernivtsi, 1944.
L. Giurgiu, Considerations in connection with Law no. 33/1994 on the expropriation of public utility, “Dreptul” Magazine no. 2/1995.
L. Giurgiu, Public Domain, Technical Publishing House, Bucharest, 1997.
Paul Negulescu, Treatise on Administrative Law, 4th edition, vol. I General Principles, E. Mârvan Institute of Graphic Arts, 1934.
Vasilica Negruț, Administrative Law. Public Service. Public property, Ed.C.H.Beck, Bucharest, 2020.
Maurice Hauriou, Pracis de droit administratif, Ed.4, Paris 1901.
Roger Bonnard, Precis elementaire de droit administratif, Troisieme edition, Recueil Sirey, Paris 1940.
Decision 473 / R-C of June 23, 2006 of the Pitești Court of Appeal.
High Court of Cassation and Justice, Section III, Decision no. 1451/1921, “Romanian Pandects”, 1921.
Law no. 33/1994 on expropriation for reasons of public utility.
Law no. 255/2010 on expropriation for reasons of public utility, necessary to achieve objectives of national, county and local interest.
Published
2021-09-28
Section
Danubian Economy and Legislation