Expropriations for the Metropolitan Beltway in Cluj County

Expropriation Procedure: Information and Rights for Property Owners

Due to the large influx of questions we are receiving regarding expropriation procedures in general, and especially those currently underway for the “Transregio TR35 Stage 1 Metropolitan Beltway and Connecting Roads” investment in the localities of Apahida, Baciu, Cluj-Napoca, Florești, and Feleacu, we are providing below a simplified and summarized informational tool in the simplest language possible. This aims to help you understand the expropriation procedure, point you to relevant sources of information, and highlight the main rights you have as owners of properties to be expropriated.

What Does Expropriation Mean in Legal Terms?

Stegăroiu și asociații SCA is here to support you, driven by the belief that any public investment must be carried out fairly – it will be made in the public interest, benefiting everyone, but it must be done while respecting the rights of individuals. There is no reason why a public investment should disadvantage certain individuals in the name of or for the benefit of the general or public interest.

1. Legislation and Useful Information

Any expropriation must comply with the provisions of Article 44, paragraph (3) of the Romanian Constitution: “No one can be expropriated except for a public utility cause, established according to the law, with fair and prior compensation.” Those who are expropriated have the right to address the court to obtain just compensation and cover the damages caused by the expropriation.

Drum Transregio TR35 Stage 1, Metropolitan Beltway, and Connecting Roads in the Localities of Apahida, Baciu, Cluj-Napoca, Florești, and Feleacu

2. Expropriator and Applicable Legislation

• Expropriator: The Romanian State, represented by the Ministry of Transport and Infrastructure through CNAIR (National Company for Road Infrastructure Administration – S.A.)
• Applicable Legislation: Law 255/2010 and Government Decision 53/2011 (which approves the Methodological Norms for the application of Law 255/2010)

Are these information relevant to you? Check if you are listed in the annex to Government Decision 1304/2023, which you can consult here.

Important rights you have during the procedure:

1. The request made by the expropriated party for the release of the compensation set by the expropriator does not deprive the expropriated party of the right to seek just compensation in court.

Article 19, paragraph (11) of Law 255/2010 – “Upon request, compensation will be granted even to holders of real rights who disagree with the established amount, proportionally to the share they hold, provided that evidence of real rights over the expropriated property is presented. Subsequently, if a higher amount is established by a final court decision, the expropriator will release to the former holders of real rights, upon request, the difference between the compensation established by the court and the compensation set by the expropriator, proportionally to the share they held.”

If you are dissatisfied with the individual compensation amount set for the expropriated property over which you have rights, you should state in your request to the expropriator that you do not agree with the established compensation.

2. You can file a lawsuit within the general statute of limitations if you believe the compensation set by the expropriator is not fair, meaning it does not fully cover the value of the expropriated property and the damage you have suffered.

The term within which you can address the court to contest the compensation amount set by the expropriator and request the difference up to the just compensation owed to you begins from the date the decision to set the compensation amount is communicated to you (the decision is issued by the Property Rights Verification Committee).

Article 22, paragraph (1) of Law 255/2010 – “The expropriated party dissatisfied with the compensation amount established under Article 19 may address the competent court within the general statute of limitations, which runs from the date the decision establishing the compensation amount was communicated to them.”

3. In accordance with the decision of the High Court of Cassation and Justice (RIL) 14/2019, owners dissatisfied with the estimated compensation amounts may address the court by filing an action contesting the estimated compensation and requesting both the establishment of these amounts by the court and the obligation of the expropriator to make payment, after the expropriation decision is issued and the compensation amounts are deposited, in the case of unjustified absence of a decision by the Property Rights Verification Committee.
4. The property right you hold over the expropriated property is transferred to the public ownership of the state and the management of the expropriator by law at the time the expropriation decision is issued by the expropriator, after the compensation amounts have been deposited.

Subsequently, the expropriator’s ownership rights over the properties in the expropriation corridor are registered based on the cadastral documentation.

What is the purpose of this article?

The information below should not be understood as legal advice but rather as a general informational source. This material is strictly informational and is not a consultation or legal advice.

• Purpose of the material: to provide general information about the expropriation procedure in an accessible format, offering an overview and highlighting the key rights of the expropriated party.
• Limitations: the author has omitted information deemed less relevant for individuals without legal training in order to keep the material simple and easy to understand. Some actions of the expropriator, although omitted, do not fundamentally affect the rights of the expropriated party.
• Responsibility: the author does not assume responsibility for the interpretation or decisions based on this material. It is recommended to consult an experienced lawyer in the field for appropriate assistance and to ensure the proper exercise of your rights.
• Consult a specialist: Given the importance of the rights that may be affected and the legal complexity of the matters involved, we recommend that if you are involved in an expropriation procedure, you consult a lawyer. The general information in this article is not intended to, nor is it sufficient for, providing the best defense of your rights, but we hope it helps you understand the course of the procedure.

Founding Partner Laywer Călin Stegăroiu