30. Fond forestier, proprietate publică a statului. Drept de administrare. Comparare de titluri vs. motiv de nelegalitate al actului administrativ. Relevanţa amenajamentelor silvice
30. Forest land, public state property. Right of administration. Comparison of titles vs. ground of illegality of the administrative act. Relevance of forest management

Summary/Abstract: Invoking in support of the nullity of the notification issued by the holder of the right of administration the lack of state ownership of the land, the plaintiff did not invoke the non compliance with the conditions provided by the law for the establishment of the right of public ownership, by the effect of the law, in favor of the Romanian state, and, accordingly correlatively, non compliance with the conditions provided by the law for the establishment of the right of administration (...), but only exhibited another title, private, issued for the same area of land in favor of a territorial administrative unit. However, the comparison of these titles exceeds the legal framework established by the object of this action, demarcated by the provisions of art. 1, 8 and 18 of Law no. 554/2004 regarding the administrative litigation, the legal relationship derived from the ownership right over the land can be regulated between the two parties (the Romanian state and the territorial administrative unit), who dispute this right and who each rely on a presumed valid title, only in the framework of a claim action, an eminently civil action, under the jurisdiction of the courts of common law. It is true that although the forestry arrangements constitute, according to the legal norms in the field of forestry, the basis of the specialized cadastre and the title of the state for the forest fund that is its public property, this regulation considers the technical component, of organization and territorial planning, of management, exploitation and inventory of lands in the forest fund, being a tool for planning forestry works, for delimiting the ownership of goods between the public and private domain and for implementing the forestry policy of the state and not a property title, as an evidentiary document of the right of property.

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