The Right of Property is a Fundamental Right, but it is not Absolute. This means that, in certain situations and under specific conditions, the law provides for the possibility of losing this right forcibly (and not voluntarily), as well as certain limitations on the right.
What Does Expropriation Mean?
Expropriation is a legal operation that involves the forced transfer of a real property from private ownership to public ownership, for the purpose of carrying out public utility works. Therefore, expropriation is an exception that qualifies the right to property as a relative right, not an absolute one.
Expropriation can have extremely damaging effects on a person’s assets when the fairness of compensation remains just a word in the wording of Article 44, paragraph 3 of the Romanian Constitution, being entirely ignored by the expropriator.
The compensation granted in relation to expropriation must be fair, meaning it should cover the real market value of the expropriated property at the time of expropriation, as well as the damage caused by the expropriation (for example, there are situations where part of an urban land is expropriated, and the remaining land in private ownership has characteristics that qualify it as a non-buildable plot – this undoubtedly leads to a loss).
We sadly observe an extremely harmful, yet increasingly widespread, line of thought in recent times (e.g., in the practice of public authorities or parts of public opinion), which aims to return to the mindset of the communist period. This mindset suggests that the public utility of projects, namely the general and public interest, could justify disregarding the rights of private individuals.
However, we believe that, without exception, public projects carried out for the benefit of all must ultimately be borne proportionally by all those for whose benefit they are implemented, and it cannot be accepted that the expropriated person does not receive fair compensation to cover the entire loss caused by the expropriation.
When Do You Need Legal Advice Regarding Expropriation?
When you find that your property is part of the approved location of a public utility project and, certainly, at the moment when you are notified of an expropriation decision.
Also, when you find that your property is being subjected to de facto expropriation (you can no longer effectively exercise your right of ownership because, although it is affected by public utility, you have not been expropriated according to legal procedures) or when you find that public authorities have imposed severe limitations on your property rights under the pretext of public interest, without these limitations being proportionate interference with the right to property.
You need the help of a specialist with experience primarily to fully and correctly understand the changes that expropriation will bring to your property, how expropriation proceeds (the steps in the procedure), as well as what your rights are and how they can be exercised. You should know that you have the right to challenge the compensation established in the expropriation procedure in court and thus preserve your chance of being compensated fairly, justly, and fully.
It is also relevant that, although the expropriation procedure is regulated by certain special laws, a complex approach to your legal situation often requires that the professional assisting you has knowledge and experience in various distinct fields related to expropriation (e.g., urban planning, road regulations, etc.).
How Can We Help You?
Our team of lawyers specialized in expropriation can assist you with:
- Challenging in Court the Decisions on Compensation: We provide representation in such litigations, paying special attention to formulating the requests for evidence in a complex approach so that the damage can be evaluated at its true value. When necessary, we collaborate with professionals in real estate, property, and business valuation. Collaborating with one of our lawyers in Cluj, specialized in expropriation, is not just a choice, but a partnership in the fight to protect your assets and address the significant injustices often encountered during expropriations. With a proactive approach, solid experience, and a dedicated team, we are here to serve your legitimate interests using our experience in expropriation and related fields to achieve the final goal – obtaining fair compensation and avoiding significant losses.
- Lawsuits for Compensation of Damages Caused by De Facto Expropriation or Unjustified and Disproportionate Interference with Your Property Rights: In these “related” cases with expropriation, our team is ready to bring its full experience and knowledge in this area of practice to your support.