24. Hotărâre de trecere a unui bun din domeniul public în domeniul privat al unităţii administrativ-teritoriale, în lipsa unei justificări temeinice a încetării uzului sau interesului public. Nulitate absolută
24. A decision to transfer an asset from the public domain to the private domain of the administrative-territorial unit, in the absence of a well-founded justification of the cessation of its use in the public interest. Absolute nullity

Summary/Abstract: The statement of reasons regarding the cessation of the use of the public interest is mandatory in the case of the transfer of an asset from the public to the private domain and this statement of reasons must be well founded, under penalty of absolute nullity. A justification in the sense that: the area is small in size; it is located on the outskirts of the city, on a steep, steep slope; it is not affected by public utility networks for water supply, sewerage, heating; it is located next to private property; private persons have applied for the concession of the land, the administrative territorial unit being able to obtain income from it, cannot be considered as well founded. Art. 10 of the Adm. C. imposes on the authorities the obligation to pursue the fulfilment of the public interest before that of the individual or group, but such a justification seems to be aimed at satisfying a private interest of the person who applied for the concession of the land, and not a general interest. The fact that the surface area of the land is small, unattractively positioned or not connected by utility pipes is not such as to justify the termination of the public interest, given that the situation was the same at the time when the property was transferred to the public domain. On the other hand, even a publicly owned asset can be subject to a concession.

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