FACTORS IDENTIFICATION INFLUENCING COMPENSATION SIZE IN CASE OF PROPERTY EXPROPRIATION FOR PUBLIC UTILITY
FACTORS IDENTIFICATION INFLUENCING COMPENSATION SIZE IN CASE OF PROPERTY EXPROPRIATION FOR PUBLIC UTILITY

Summary/Abstract: Expropriation of immovable property for public utility is an essential componentwithin economic development of a country. Compensation amount calculation in theprocess of expropriation of goods for public utility is an extremely important element forboth the public administration bodies and for the persons whose property falls under theexpropriation. The article covers factors review to be taken into account in theexpropriation process and which will affect the amount of damages awards. The valuationdate is highlighted as one of the most important problems of the valuation process,because it is a key element while assessing the amount of compensation to be paid in theprocess of expropriation for public utility. It is also mentioned that because the compulsoryacquisition in the case of land expropriation is totally different from a simple sale andpurchase transaction, it is reasonable to modify the legislation in order to stipulate thevaluation date. Thus, imperfect legislation, as well as the complexity of its practicalapplication, negatively influence investments and the use of budgetary funds.

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