14. Expropriere. Modalitatea şi momentul stabilirii despăgubirilor de către instanţa de judecată
14. Expropriation. How and when the court awards damages

Summary/Abstract: According to Art. 22 para. (1) of Law no. 255/2010, the expropriated person dissatisfied with the amount of compensation provided for in Article 19 may apply to the competent court within the general limitation period, which runs from the date on which the decision establishing the amount of compensation was communicated to him, under penalty of forfeiture, without being able to challenge the transfer of ownership to the expropriator of the property subject to expropriation, and the exercise of the remedies of appeal does not suspend the effects of the decision establishing the amount of compensation and the transfer of ownership. The criteria for determining the compensation due to the expropriated person are laid down in para. (6) of this article (the experts, when drawing up the expert's report, as well as the court shall take into account the expert's reports drawn up and updated by the chambers of notaries public at the time of the transfer of the property right) and Article 26 para. (1) and (2) of Law No 33/2004, which read as follows: the compensation is made up of the real value of the property and the damage caused to the owner or other entitled persons. In calculating the amount of compensation, the experts and the court shall take into account the price at which properties of the same type are usually sold in the administrative territorial unit, (...), as well as the damage caused to the owner or, where appropriate, to other persons entitled, taking into account the evidence presented by them.

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