10. Expropriere în fapt. Modalitatea de stabilire a despăgubirii
10. Expropriation in fact. How compensation is determined

Summary/Abstract: The start of construction works on a piece of land without the initiation of the legal expropriation procedure and without the payment of a just and prior compensation, in the conditions where it has been determined by a final court decision that the land falls into the private property of some persons, attracts the incidence of the notion of expropriation in fact, recognized both in the jurisprudence of the European Court of Human Rights and in the national one. As a consequence, the plaintiffs did not open the way of action in common law claim (taking also into account the incidental public interest, they are no longer able to effectively obtain possession of the asset), but can request the finding of de facto expropriation and the granting of compensation, equivalent to what would have been obtained in the event that expropriation for public utility would have been ordered. The calculation of the compensation had to take into account not only the price of the land at the time of the ownership transfer (established by expertise), but also compensation for the damages caused by the lack of use of the land.

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