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Law No. 33 Of 27 May 1994 On Expropriation For Public Utility

Original Language Title:  LEGE nr. 33 din 27 mai 1994 privind exproprierea pentru cauza de utilitate publică

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LEGE no. 33 33 of 27 May 1994 (** republished) (* updated *) on expropriation for the cause of public utility ((updated on 30 August 2015 *)
ISSUER PARLIAMENT




---------- ---------- * *) Republicated pursuant to art. 218 218 of Law no. 71/2011 for the implementation of Law no. 287/2009 on the Civil Code, published in the Official Gazette of Romania, Part I, no. 409 409 of 10 June 2011. Law no. 33/1994 on expropriation for the cause of public utility was published in the Official Gazette of Romania, Part I, no. 139 139 of 2 June 1994. In order to carry out works that serve public utilities and taking into account the exceptional nature conferred by the Romanian Constitution and the Civil Code of disposal by expropriation of the right of private property, a right whose protection is realize, moreover, by guaranteeing and protecting it by law, equally, regardless of the holder, the present law, which includes provisions such as to ensure both the legal framework appropriate to expropriation and establishment procedures, is adopted compensation, as well as the defence of private property rights. + Chapter I General provisions + Article 1 Expropriation of buildings, in whole or in part, can be done only for the cause of public utility, after a right and prior compensation, by court decision. + Article 2 Immovable property may be expropriated property of natural persons or legal entities with or without profit purpose, as well as those in the private property of communes, cities, municipalities and counties. + Article 3 Competent courts will only be able to decide to expropriate after the public utility has declared itself under the present law. + Article 4 (1) Those interested may agree both on the method of transfer of ownership and on the amount and nature of the compensation, in compliance with the legal provisions on substantive, form and advertising conditions, without trigger the expropriation procedure provided for in this Law. (2) If the agreement of the will of the parties concerns only the manner of transfer of ownership, but not the amount or nature of the compensation, the courts will take note of the parties ' understanding and will determine only the amount or the nature of the compensation, according to IV of this law. + Chapter II Public utility and its declaration + Article 5 The public utility shall be declared for works of national interest or of local interest. + Article 6 Are of public utility works on: geological prospections and explorations; extraction and processing of useful mineral substances; installations for the production of electricity; communication paths, opening, alignment and widening streets; power supply systems, telecommunications, gas, heating, water, sewerage; installations for environmental protection; indiguirs and regularizations of rivers, reservoirs for water sources and flood mitigation; flow derivatives for water supply and for the deflection of floods; stations hydrometeorological, seismic and warning and prevention systems of dangerous natural phenomena and population alarm, irrigation and dissecting systems; works to combat depth erosion; buildings and land needed social housing and other social objectives of education, health, culture, sport, protection and social assistance, as well as public administration and judicial authorities; monuments, ensembles and historical sites, as well as national parks, nature reserves and nature monuments; prevention and removal of natural disaster consequences-earthquakes, floods, landslides; defense of the country, public order and national security. + Article 7 (1) Public utility shall be declared by the Government for works of national interest and by the county councils and the General Council of Bucharest Municipality for works of local interest. (2) For works of local interest that take place in the territory of several counties, the public utility is declared by a commission composed of the presidents of the respective county councils. In the event of disagreement, the public utility in question may be declared by the Government. (3) For any works other than those provided in art. 6, the public utility declares itself, for each individual case, by law. (4) Also by law can be declared public utility in exceptional situations, if-regardless of the nature of the works-are subject to expropriation places of worship, monuments, ensembles and historical sites, cemeteries, other settlements of value Special national or urban or rural localities in its entirety. + Article 8 The declaration of public utility is made only after carrying out a prior and conditional research on the registration of the work in urban plans and spatial planning, approved according to the law, for localities or areas where it is intended her execution. + Article 9 (1) Prior research for works of national interest shall be done by commissions appointed by the Government, and for works of local interest by commissions appointed by the permanent delegation *) of the county council or by the general mayor of Bucharest. (2) The commissions appointed by the Government, for the works of national interest, shall be composed of: the representative of the central public administration who coordinates the field of activity for which the public utility work is carried out, the representative The Ministry of Regional Development and Tourism, the representative of the Ministry of Public Finance, the president of the county council and the heads of the relevant departments, as well as the mayors of the localities within which the utility public. (3) The commissions for the works of local interest will be composed of the representative of the county council or the General Council of Bucharest, as well as from the representatives of the local councils concerned. (4) The working procedure of the commissions for the conduct of prior research is established by the regulation approved by the Government * *). ----------- * *) Local Public Administration Law no. 69/1991 , republished, with subsequent amendments and completions, which regulate the constitution and main duties of the permanent delegation of the county council, was repealed by Local Public Administration Law no. 215/2001 , republished, with subsequent amendments and completions, which no longer provides for this structure of the county council. ** **) See Government Decision no. 583/1994 approving the Regulation on the working procedure of commissions for conducting prior research in order to declare public utility for works of national interest or local interest, published in the Official Gazette of Romania, Part I, no. 271 271 of 26 September 1994. + Article 10 (1) Prior research will determine whether there are elements to justify the national or local interest, the economic-social, ecological or any other advantages that support the necessity of the works and cannot be achieved in other ways than by expropriation, as well as framing in urban planning and landscaping plans, approved according to the law. (2) The result of prior research will be recorded in a report that will be submitted to the Government or, as the case may be, to the county council, respectively to the General Council of Bucharest + Article 11 (1) The act of declaration of public utility of national interest shall be made public by display at the premises of the local council in whose radius the building is located and by publication in the Official Gazette of Romania, and the act of declaration of public utility of local interest shall be displayed at the premises of the local council in whose radius the building is located and shall be published in the local press. (2) The acts declaring the public utility for the execution of works on the defense of the country and national security shall not be released. + Chapter III Measures prior to expropriation + Article 12 (1) After the declaration of the public utility, the expropriator of the property will execute the plans including the land and constructions proposed for expropriation, with the indication of the name of the owners, as well as of the offers These documents will be submitted to the local council of the commune, city or municipality on whose territory the buildings that are subject to approval for expropriation are located, in order to consult by those interested, except for documents works on country defense and national security. In these cases, only the list of buildings proposed expropriation, their owners and the compensation offers are submitted to the local council. (2) Expropriator, within the meaning of this law, is the state, through the bodies designated by the Government, for the works of national interest, and the counties, municipalities, cities and communes, for works of local interest. + Article 13 Proposals for expropriation of buildings and the minutes provided by art. 10 10 para. (2) will be notified to individuals or legal entities of real rights, within 15 days of publication. + Article 14 (1) With regard to the expropriation proposals, the owners and holders of other real rights to the buildings in question may meet within 45 days of receipt of the notification. (2) The meeting is submitted to the mayor of the commune, the city or the municipality on whose territory the building is located. (3) The mayor will receive and register the meeting and will record the offers of compensation and the claims of the owners or holders of other real rights. Within 30 days, the entire file containing the documents provided for in art. 12, as well as possible meetings, will be submitted to the General Secretariat of the Government, for the works of national interest, and for those of local interest, at the county council or at the General Council of Bucharest, as the case may be. + Article 15 (1) The meetings will be settled within 30 days by a commission established by Government decision for the works of national interest, by decision of the permanent delegation *) of the county council or by the mayor of the municipality Bucharest for those of local interest. --------- * *) See footnote from art. 9 9 para. ((1). (2) The Commission will consist of 3 specialists from the field of activity in which the public utility work is carried out, 3 owners of buildings in the municipality, the city or the commune where the buildings proposed for expropriation are located, chosen by draw from a list of at least 25 owners, as well as the mayor of the locality. The Commission will work under the leadership of a Government delegate, in the case of works of national interest, or of a delegate of the county council or of the General Council of Bucharest, in the case of works of local interest, as president. (3) The owners of the buildings which are concerned, their relatives and their affins up to the fourth degree, including persons holding office in the local or central public administration and having an interest in the execution of the works, cannot be part of the commission. neither the members of the commission who declared the utility + Article 16 (1) The Commission constituted according to art. 15 may work valid in the presence of at least 5 of its members. (. The Commission's decision shall be taken by secret ballot. The president has no right to vote, he assuring the organizational framework of the commission's work In case of parity of votes, the mayor's vote is mainly. + Article 17 The Commission shall analyse the documents submitted, listening to those concerned, and may request additional information and data, at the request of those who have been addressed to it or ex officio. The offer of the expropriator, the claims of the owners and the holders of other real rights, as well as their claims will be made and submitted in writing, recording in a minutes. + Article 18 (1) Following the deliberation, the Commission may accept the view of the expropriator or reject it and shall record it in a reasoned judgment. (. The Commission shall, where appropriate, record the agreement between the parties under their signature. (. The decision shall be communicated to the parties within 15 days of adoption. + Article 19 (1) If the Commission rejects the proposals of the expropriator, it shall be able to come back with new proposals, with the corresponding restoration of the plans. (. The new proposals will follow the procedure laid down in this Chapter. + Article 20 (1) If the new proposals will also be rejected, the expropriator, as well as the owners or other persons titular of real rights on the property proposed for expropriation may challenge the decision of the commission, constituted according to art. 15, at the Court of Appeal within which the building is located, within 15 days of communication, according to the provisions Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions. (2) The contestation shall be exempt from the charge and shall be resolved urgently and in particular. + Chapter IV Expropriation and establishment of compensation + Article 21 (1) The settlement of expropriation requests is within the competence of the county court or of the Bucharest Tribunal within which the proposed property for expropriation is located. (2) The Tribunal will be notified by the expropriator to rule on expropriation, if it was not met against the expropriation proposal or if this remedy was rejected under the terms of art. 18-20. + Article 22 The president of the court will fix the term and will order the citation of the owners or, as the case may be, the owners, other holders of real rights or any known persons who may justify a legitimate interest on the buildings proposed to be expropriated. + Article 23 (1) The settlement of the request for expropriation is made with the mandatory participation of the prosecutor (2) The court will verify that all the conditions required by law for expropriation are met and will determine the amount of compensation and the amount due to each part of those mentioned in art. 22. The judgment is subject to the remedies provided by law. + Article 24 (1) If the parties agree before the court on the expropriation and on the compensation, it will take note of the agreement and pronounce a final judgment. (2) When the parties or only some of them agree only on expropriation, but not on the compensation, the court will take note of the agreement and establish the compensation. (3) If one or more titular parties of rights to the buildings, although legally quoted, have not presented themselves, the court will be able to decide in absentia. (4) If the expropriator requires the expropriation of only a part of the land or the construction, and the owner asks the court for the total expropriation, the court will appreciate, in relation to the actual situation, whether the expropriation in part is possible. Otherwise, it will order total expropriation. + Article 25 For the establishment of compensation the court will constitute a commission of experts composed of an expert appointed by the court, one designated by the expropriator and a third from persons who are subject to expropriation. + Article 26 ((1) The compensation shall be composed of the real value of the property and of the damage caused to the owner or other entitled persons. ((2) In calculating the amount of compensation, the experts, as well as the court shall take into account the price at which the buildings of the same kind are sold in the administrative-territorial unit, on the date of drawing up the expert report *), and of the damage to its owner, as the case may be, to other entitled persons, also taking into account the evidence presented by them. (3) The experts shall break down the compensation due to the owner of those that are due to the holders of other real rights. (4) In the case of partial expropriation, if the immovable part left unexpropriated will acquire a value increase as a result of the works to be carried out, the experts, taking into account the provisions of the previous paragraph, will be able to propose to the court damage reduction only. + Article 27 (1) Receiving the result of the expertise, the court will compare it to the offer and the claims made by the parties and decide. (2) The compensation granted by the court may not be less than that offered by the expropriator and no higher than that requested by the expropriated or other interested person. + Article 28 (1) The transfer of ownership of the goods subject to expropriation in the patrimony of the expropriator shall be produced as soon as the obligations imposed on him by the court decision (2) The mortgage and the privilege shall be displaced by the right to the established compensation, the provisions of art. 22 remaining applicable, and servituseful established by the act of man shall be extinguished insofar as they become incompatible with the natural and legal situation of the objective pursued by expropriation, the obligational relations between the old and the new owner remaining subject to common law. (3) The Uzul, the usufruit, the abitation and superficia, as well as any other real rights, and the concession and the attribution in use shall be extinguished by the effect of expropriation, their holders having the right to compensation. (4) The expropriation decision will establish the compensation taking into account, for the real rights provided in par. (3), the provisions of art. 26. + Article 29 (1) Any establishment ceases by right on the date of the final stay of the expropriation decision. (2) In the event of the expropriation of buildings with a dwelling destination, the evacuation of persons legally occupying them as owners and tenants whose lease was legally perfected, prior to the registration of the work in urban plans and spatial planning, can only be done after the expropriator's insurance of the living space, according to the law, at the request of these persons, in the manner provided for in the expropriation court decision, in compliance with the provisions of 26. + Chapter V Payment of compensation and possession of the expropriator + Article 30 The payment of compensation will be made in any way agreed between the parties; in the absence of the agreement of the parties, the court will decide, also setting the payment deadline, which will not exceed 30 days from the date of the final stay of the decision. + Article 31 (1) The release of the enforceable title and the possession of the expropriator will be made only on the basis of a conclusion of the court, which finds the fulfillment of the obligations regarding the compensation, no later than 30 days from the date of its payment. (2) The placing in possession of cultivated land or those with plantations shall be made only after the harvest has been collected, unless in the amount of the compensation was also included the estimated value of the unculese harvest. + Article 32 In case of extreme urgency imposed by the immediate execution of works that interest the defense of the country, public order and national security, and in the event of natural calamities, the court, establishing that the public utility is declared, can dispose by judgment immediately in possession of the expropriator, with the obligation for him to record within the 30-day period, on behalf of the expropriates, the amounts established as compensation, according to the provided procedure. + Article 33 If there are privileged creditors or other creditors established by court order, they will be paid from the rights due for compensation. For their payment, the amount will be recorded by the expropriator, to be divided according to civil law. + Chapter VI Right of use and restitution + Article 34 If the expropriated property is offered for rent before its use for the purpose for which it was expropriated, and the expropriation is in a position to use it, it has a right of priority to be rented to it under the law. + Article 35 If within one year the expropriated immovable property was not used according to the purpose for which they were taken from expropriation or, as the case may be, the works were not started, the former owners may ask for their restitution, if no the new declaration of public utility. For this purpose, the former owners will be notified to the original address communicated to the expropriator in order to pay the compensation due for the expropriated property. + Article 36 (1) The request for restitution shall be entered in the court, within the general limitation period, which flows from the date of notification provided for in art. 35. (2) In this case, the tribunal, verifying the grounds of the application, will order the restitution, and the price of the property will be determined as in the situation of expropriation, without being able to exceed the updated compensation. + Article 37 (1) If the works for which the expropriation was made have not been carried out, and the expropriator wants the alienation of the property, the expropriated-former owner-has a priority right to acquire, at a price that cannot be higher than Updated compensation. (2) For this purpose, the expropriator will notify the former owner under the conditions of art. 35, and, if he does not opt for purchase within two months of receiving the notification, the property may be disposed of freely. (3) If the priority right of acquisition is violated, the former owner may substitute himself in the rights of the buyer, paying him the price, within the limit provided in par. (2), as well as the expenses occasioned for sale. The right of substitution shall be exercised within two months from the date of communication of the conclusion ordering the registration in the land register for the benefit of the buyer. (4) In this case, the former owner takes over the place of the buyer, substituting the latter in all rights and obligations arising from the contract concluded in violation of the priority right of acquisition. ((5) The provisions on the payment offer followed by the consignnation shall apply accordingly. (6) Minutes concluded by the bailiff to ascertain the receipt of payment by the third party buyer or, as the case may be, the conclusion of the bailiff of finding the payment of the price by the remaining buyer third Definitive you place title of title. The land registry provisions shall remain applicable. + Chapter VII Final provisions + Article 38 All expenses incurred for the realization of expropriation and restitution procedures, including before the courts, shall be borne by the expropriator. + Article 39 The plans to be executed, according to the provisions of art. 12 of this law, by the expropriator, will be targeted by the cadastre offices and territorial real estate advertising, for authenticity and unchanged, for each individual case. + Article 40 The provisions of this law shall be supplemented by those of the Civil Code and the Code of Civil Procedure, in so far as they do not contravene the present + Article 41 Decree of the State Council no. 467/1979 on the evaluation of constructions, land and plantations that are taken over, with payment, in the property of the state by expropriation or in other cases provided by law, published in the Official Bulletin no. 3 3 of 4 January 1980, and any provisions to the contrary shall be repealed. -------