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Law No. 255 Of 14 December 2010 On Expropriation For Public Utility Necessary To Achieve The Objectives Of National, County And Local

Original Language Title:  LEGE nr. 255 din 14 decembrie 2010 privind exproprierea pentru cauză de utilitate publică, necesară realizării unor obiective de interes naţional, judeţean şi local

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LEGE no. 255 255 of 14 December 2010 (* updated *) on expropriation for the cause of public utility, necessary to achieve objectives of national, county and local interest ((updated on 30 August 2015 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 This law establishes the legal framework for taking the necessary measures to execute: construction, rehabilitation and modernization works of roads of national, county and local interest, construction, rehabilitation and extension works of public railway infrastructure, works necessary for the development of the metro transport network and the upgrading of the existing network, the development works of the airport infrastructure, as well as the shipping infrastructure, works in the field of water management and hydrotechnical constructions and Annex works, permanent and non-permanent water accumulations, operating cantons, flood defences, construction and hydrometric installations, water quality automatic determination facilities, arrangement, regularization or consolidation of albides, hydrotechnical channels and derivatives, pumping stations, as well as other hydrotechnical constructions made on waters, renaturation works, wetland rehabilitation and connectivity insurance side, construction works, rehabilitation, modernization and development of tourist resorts of national interest, works of construction, rehabilitation, modernization, development and greening of the Black Sea coast area, works of arrangement, development or rehabilitation of ski slopes, with installations of related cable transport, with landscaping works, snow production facilities and equipment and artificial ice and slopes maintenance, ski slopes lighting installations and other equipment needed for development ski area, arrangement, development or rehabilitation of the intended slopes practicing the other winter sports-biathlon, bob, sled, jumping from trampoline-, skaters and equipping with appropriate installations and equipment, contained in the National Tourism Development Program "Schi in Romania", approved by Law no. 526/2003 , with subsequent amendments and completions, works of national interest for the realization, development of production, transport and distribution of electricity, transport and distribution of natural gas, natural gas extraction, the development, modernization and rehabilitation of the national transmission system of crude oil, gas, ethane, condensate and natural gas and mining works of national interest for the exploitation of lignite deposits, which are perform on the basis of an exploitation license, works for the realization The national system of forest protection curtains, as well as for the afforestation of degraded land, as well as, in a situation where there is no other technical solution, works of public interest of construction, rehabilitation and modernization of water supply infrastructure, wastewater infrastructure and construction works, rehabilitation and modernization of treatment plants, works of national public interest of construction, rehabilitation, modernization and functional reconversion, for administrative constructions necessary for the functioning of the judicial system, central of the city of Bucharest, delimited under the law, including for their infrastructure, works of local public interest of construction, rehabilitation, modernization and functional reconversion, for administrative constructions, social and cultural, in the central area of Bucharest, delimited under the law, including for their infrastructure. ---------- Article 1 has been amended by section 1. 7 7 of art. unique from LAW no. 174 174 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015, amending art. 19 of EMERGENCY ORDINANCE no. 86 86 of 17 December 2014 , published in MONITORUL OFFICIAL no. 920 920 of 17 December 2014. + Article 2 (1) For the purposes of this Law, the following works shall be published: ---------- The introductory part of para. ((1) of art. 2 2 has been amended by section 4.2 1 1 of art. I of LAW no. 90 90 of 6 June 2011 , published in MONITORUL OFFICIAL no. 407 407 of 9 June 2011. a) the construction, rehabilitation and modernization works of roads of national, county and local interest, as well as all the construction, rehabilitation and extension works of the public railway infrastructure, the works necessary for the development of the network of metro transport and modernisation of the existing network, the development works of the airport infrastructure as well as the shipping infrastructure; b) works in the field of water management, namely hydrotechnical constructions and annex works, permanent and non-permanent water accumulations, operating cantons, flood defences, constructions and installations hydrometric, automatic water quality determination facilities, landscaping, adjustment or consolidation work, hydrotechnical channels and derivatives, pumping stations, as well as other hydrotechnical constructions made on water, renaturation works, wetland rehabilitation and the provision of connectivity lateral; c) works of construction, rehabilitation, modernization, development and greening of the Black Sea coast area, as well as tourist resorts of national interest; d) works of national interest for the realization, development of production, transmission and distribution of electricity, transmission and distribution of natural gas, natural gas extraction, development, modernization and rehabilitation works of National transmission system of crude oil, gas, ethane, condensate; ---------- Lit. d) a par. ((1) of art. 2 2 has been amended by section 4.2 2 2 of art. I of LAW no. 220 220 of 5 July 2013 , published in MONITORUL OFFICIAL no. 408 408 of 5 July 2013. e) mining works of national interest for the exploitation of lignite deposits, which are executed on the basis of an exploitation license by economic operators under the authority of the Ministry of Energy, Small and Medium Enterprises and The Business Environment, as the relevant ministry; ---------- Lit. e) a par. ((1) of art. 2 2 has been amended by section 4.2 7 7 of art. unique from LAW no. 174 174 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015, amending art. 19 of EMERGENCY ORDINANCE no. 86 86 of 17 December 2014 , published in MONITORUL OFFICIAL no. 920 920 of 17 December 2014. f) works of arrangement, development or rehabilitation of ski slopes, with related cable transport installations, works of arrangement of installations and equipment for the production of snow and artificial ice and maintenance of slopes, the installations for the lighting of ski slopes and other equipment necessary for the development of the ski area, the arrangement, development or rehabilitation of the slopes intended for the practice of the other winter sports-biathlon, bob, sled, jumping from trampoline-skaters and equipment with installations and equipment , included in the National Tourism Development Program "Schi in Romania", approved by Law no. 526/2003 , with subsequent amendments and completions; g) the works of the national system of forest protection curtains, as well as the afforestation works of degraded land. h) works of public interest in the construction, rehabilitation and modernization of water supply infrastructure, wastewater infrastructure and construction, rehabilitation and modernization of treatment plants. ---------- Lit. h) a par. ((1) of art. 2 2 was introduced by section 4.2. 3 3 of art. unique from LAW no. 205 205 of 7 November 2011 , published in MONITORUL OFFICIAL no. 813 813 of 17 November 2011. i) works of national public interest of construction, rehabilitation, modernization and functional reconversion, for administrative constructions necessary for the functioning of the judicial system, in the central area of Bucharest, delimited under the conditions the law, including their infrastructure; ---------- Lit. i) a par. ((1) of art. 2 2 was introduced by section 4.2. 7 7 of art. unique from LAW no. 174 174 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015, which supplements art. 19 of EMERGENCY ORDINANCE no. 86 86 of 17 December 2014 , published in MONITORUL OFFICIAL no. 920 920 of 17 December 2014. j) works of local public interest of construction, rehabilitation, modernization and functional reconversion, for administrative, social and cultural constructions, in the central area of Bucharest, delimited under the law, including for their infrastructure. ---------- Lit. j) a par. ((1) of art. 2 2 was introduced by section 4.2. 7 7 of art. unique from LAW no. 174 174 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015, which supplements art. 19 of EMERGENCY ORDINANCE no. 86 86 of 17 December 2014 , published in MONITORUL OFFICIAL no. 920 920 of 17 December 2014. (2) Expropriator is the Romanian state for the objectives of national interest, the counties for the objectives of county interest, and the municipalities, cities and communes for the objectives of local interest. (3) In application of the provisions of the present law, the expropriator provided in ((2) is represented by: a) The Ministry of Transport, directly or through the National Highway and National Roads Company of Romania-S.A., respectively the Ministry of Transport, as the case may be, directly or through the National National Road Company-S.A. for the works of road construction of national interest, Ministry of Transport, through the National Railway Company "C.F.R." -S. A, for the construction, rehabilitation and extension works of the public railway infrastructure, through the Commercial Transport Company with the Bucharest Metro "Metrorex"-S.A., for the works necessary for the development of the metro transport network and modernising the existing network, through airports of national interest, for the development works of the own airport infrastructure, as well as for the work carried out in the airport development perimeter on the construction of roads, public railway infrastructure, port administrations and/or waterways, as well as public institutions in the field of shipbuilding activity, for the construction, rehabilitation and extension works of the shipping infrastructure, as well as for the port works of rail and road transport; ---------- Lit. a) a par. ((3) of art. 2 was amended by para. ((6) art. 18 of EMERGENCY ORDINANCE no. 86 86 of 17 December 2014 , published in MONITORUL OFFICIAL no. 920 920 of 17 December 2014. b) The Ministry of Environment and Forestry, through the National Administration "Romanian Waters", for the works in the field of water management, and through the National Forest Regia-Romsilva, for the works of realization of the National System of curtains forest protection, as well as for all the afforestation works of degraded land; c) Ministry of Regional Development and Tourism, for all works of construction, rehabilitation, modernization and development of tourist resorts of national interest, for construction, rehabilitation, modernization, development and greening of the Black Sea coastal area, works of arrangement, development or rehabilitation of ski slopes, with related cable transport installations, installations and equipment for the production of artificial snow and ice, maintenance of slopes, installations for the lighting of ski slopes and other equipment necessary to develop the field of skiing, arrangement, development or rehabilitation of slopes intended for the practice of other winter sports-biathlon, bob, sled, jumping from trampoline-skaters and equipping with installations and the corresponding equipment, contained in the National Tourism Development Program "Schi in Romania", approved by Law no. 526/2003 , with subsequent amendments and completions; d) Ministry of Energy, Small and Medium Enterprises and Business Environment, through economic operators electricity producers operating under its authority, for electricity production works and for works mining of national interest for the exploitation of lignite deposits, which are executed on the basis of an exploitation license, through the Commercial Distribution and Electricity Supply Company "Electrica"-S.A. Bucharest, for the works of national interest for electricity distribution, through the National Gas Society Natural "Romgaz"-S.A. Medias for the works of national interest for the extraction of natural gas and through the "Conpet"-S.A. Ploiesti Society for the works of development, modernization and rehabilitation of the national crude oil transport system, gas, ethane and condensate, as well as through project companies that have shareholders national companies/national companies/other companies with majority state capital for the works of national interest in the field of production, distribution and the supply of electricity and heat, as well as of exploitation, processing and recovery of energy mineral resources: coal, uranium, oil, crude oil and natural gas; ---------- Lit. d) a par. ((3) of art. 2 2 has been amended by section 4.2 7 7 of art. unique from LAW no. 174 174 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015, amending art. 19 of EMERGENCY ORDINANCE no. 86 86 of 17 December 2014 , published in MONITORUL OFFICIAL no. 920 920 of 17 December 2014. d ^ 1) The Ministry of Economy, Trade and Tourism, through the National Electric Power Transport Company "Transelectrica"-S.A., for the works of national interest for the development of electricity transmission, and through the National Society Natural Gas Transport "Transgaz"-S.A. Medias, for the works of national interest for the development, modernization, rehabilitation of the national natural gas transmission system; ---------- Lit. d ^ 1) a par. ((3) of art. 2 2 has been amended by section 4.2 7 7 of art. unique from LAW no. 174 174 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015, amending art. 19 of EMERGENCY ORDINANCE no. 86 86 of 17 December 2014 , published in MONITORUL OFFICIAL no. 920 920 of 17 December 2014. d ^ 2) National Agency for Mineral Resources, for the development and modernization of the national gas transmission system; ----------- Lit. d ^ 2) a par. ((3) of art. 2 2 was introduced by section 4.2. 4 4 of art. I of LAW no. 220 220 of 5 July 2013 , published in MONITORUL OFFICIAL no. 408 408 of 5 July 2013. d ^ 3) Ministry of Justice, for works of national public interest of construction, rehabilitation, modernization and functional reconversion, for administrative constructions necessary for the functioning of the judicial system, in the central area of the municipality Bucharest, delimited under the law, including for their infrastructure; ---------- Lit. d ^ 3) a par. ((3) of art. 2 2 was introduced by section 4.2. 7 7 of art. unique from LAW no. 174 174 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015, which supplements art. 19 of EMERGENCY ORDINANCE no. 86 86 of 17 December 2014 , published in MONITORUL OFFICIAL no. 920 920 of 17 December 2014. d ^ 4) Bucharest municipality, through the local public administration authorities, for works of local public interest of construction, rehabilitation, modernization and functional reconversion, for administrative, social and cultural constructions, in the area central of the city of Bucharest, delimited under the law, including for their infrastructure; ---------- Lit. d ^ 4) a par. ((3) of art. 2 2 was introduced by section 4.2. 7 7 of art. unique from LAW no. 174 174 of 30 June 2015 , published in MONITORUL OFFICIAL no. 475 475 of 30 June 2015, which supplements art. 19 of EMERGENCY ORDINANCE no. 86 86 of 17 December 2014 , published in MONITORUL OFFICIAL no. 920 920 of 17 December 2014. e) administrative-territorial units are represented by local public administration authorities or airports of local interest for the development works of the own airport infrastructure, as well as by the administration authorities local public works for the public works of construction, rehabilitation and modernization of the water supply infrastructure, the wastewater infrastructure and for the construction, rehabilitation and modernization of the treatment plants. ---------- Lit. e) a par. ((3) of art. 2 2 has been amended by section 4.2 4 4 of art. unique from LAW no. 205 205 of 7 November 2011 , published in MONITORUL OFFICIAL no. 813 813 of 17 November 2011. + Article 3 According to the provisions of this law, the property of natural persons or legal persons, with or without profit, and of any other entities, as well as those in the private property of the communes, may be expropriated, cities, municipalities and counties, on which works of public utility of national, county and local interest are carried out. + Chapter II Stages of the expropriation procedure + Article 4 The stages of expropriation procedure are: a) approval of technical and economic indicators of works of national, county or local interest; b) record the related individual amount representing the payment of compensation for the buildings belonging to the expropriation corridor and displaying the list of the owners of the buildings; c) transfer of ownership; d) completion of the formalities related to the expropriation procedure. + Section 1 Stage I-Approval of technical and economic indicators + Article 5 (1) In order to carry out the works provided for in 1 and 2, the expropriator provided in art. 2 2 para. (2) has the obligation to approve by decision of the Government or, as the case may be, by decision of the authority of the local or county public administration, respectively of the General Council of the Municipality of Bucharest, as the case may be technical and economic works of national, county and local interest, based on the related technical-economic documentation, the location of the works, according to the final version of the pre-feasibility study, respectively of the final version of the study feasibility, as the case may be, source of funding, as well as triggering the expropriation procedure all buildings that constitute the expropriation corridor, the list of owners as follows from the records of the National Agency for Cadastre and Real Estate Advertising or administrative-territorial units, the individual amounts related to the compensation estimated by the expropriator on the basis of an evaluation report drawn up in the light of the expertise drawn up and updated by the chambers of the public notaries and the time within which they are to be entered into an account opened the expropriator at the disposal of the owners The site of the work is brought to public attention by displaying at the premises of the respective local council, by display on the expropriator's own website and will be communicated for approval and reception to the National Cadastre Agency and Real Estate Advertising. The site will be materialized by bornishing all the coordinates points that define it. Local public administration authorities will include the coordinates of the expropriation corridor in the general urban plans of the localities. The update of the general urban plans of localities and local urban planning regulations can also be financed by the expropriator. (2) The technical-economic documentation related to the works provided for by this Law is elaborated and approved under the conditions Law no. 500/2002 on public finances, with subsequent amendments and completions, of Local public administration law no. 215/2001 , republished, with subsequent amendments and completions, and of the other normative acts applicable to public investments by the authorities provided in art. 2 or by the local public administration authorities, as the case may be, and will contain the final version of the feasibility study. (3) Within the meaning of this law, the expropriation corridor is established on the basis of feasibility studies in the final version or urban planning documentation or topocadastral documentation, approved according to the law, and is approved with technical-economic indicators, urban planning documentation or topo-cadastral documentation, as the case may be, including the list of buildings to be expropriated. ---------- Alin. ((3) of art. 5 5 has been amended by section 2 2 of art. I of LAW no. 90 90 of 6 June 2011 , published in MONITORUL OFFICIAL no. 407 407 of 9 June 2011. + Article 6 (1) In order to achieve the objectives of greening and rehabilitation of the Black Sea coast area, it is not necessary to approve the technical-economic indicators. (2) In the case provided in par. (1), the expropriation for the cause of public utility is made on the basis of urban planning and spatial planning documentation or topocadastral documentation, initiated by the local public administration authorities or by the authorities central public administration, as appropriate, and drawn up in the National Stereographic Projection System 1970. ---------- Alin. ((2) of art. 6 6 has been amended by section 3 3 of art. I of LAW no. 90 90 of 6 June 2011 , published in MONITORUL OFFICIAL no. 407 407 of 9 June 2011. (2 ^ 1) By exception to the provisions of par. (2), for the wide field strip of maximum 300 m measured horizontally from the most advanced line of the sea in the direction of the land or to the limit of the seafront that are in contact with the sea or with the public property of the state, respectively up to 10 m behind the cliff top, expropriation for the cause of public utility is done according to the expropriation corridor established on the basis of topocadastral documentations drawn up in the National Stereographic Projection System 1970, which also contains the list buildings to be expropriated, approved by Government decision. ---------- Alin. (2 ^ 1) of art. 6 6 has been introduced by section 5 5 of art. unique from LAW no. 205 205 of 7 November 2011 published in MONITORUL OFFICIAL no. 813 813 of 17 November 2011. (3) The realization of modernization and development works of the Black Sea coast area is based on the technical and economic indicators approved according to the provisions of this law. + Section 2 Stage II-Consigning the individual amount and displaying the list of buildings to be expropriated + Article 7 After the approval of the technical-economic indicators, the urban planning and landscaping documentation or the topo-cadastral documentation, as the case may be, the expropriator has the obligation to record the individual amounts representing the payment of compensation to the disposition of the owners of buildings, individualized according to the list of owners, as follows from the records of the National Agency for Cadastre and Real Estate Advertising or of the administrative-territorial units, affected by the laws, as well as the obligation to display the list of buildings to be expropriated and which are part of the expropriation corridor, prior to the notification of the owners. ---------- Article 7 has been amended by section 7. 4 4 of art. I of LAW no. 90 90 of 6 June 2011 , published in MONITORUL OFFICIAL no. 407 407 of 9 June 2011. + Article 8 (1) The notification of the intention to expropriate the buildings, as well as the list of buildings to be expropriated shall be transmitted by post to the owners. The list of buildings is made public by displaying it at the local council headquarters and on the expropriator's own website. (2) Within 20 calendar days from the date of notification provided in par. (1), the owners of the buildings included in the list have the obligation to present at the expropriator's headquarters, in order to establish a fair ---------- Alin. ((2) of art. 8 8 has been amended by section 6 6 of art. unique from LAW no. 205 205 of 7 November 2011 published in MONITORUL OFFICIAL no. 813 813 of 17 November 2011. ((2 ^ 1) In the case of expropriation for the achievement of the objectives of greening and rehabilitation of the Black Sea coast area, the owners of the buildings included in the list have the obligation to present at the expropriator's premises within 20 working days of at the time of the notification provided in (1), in order to establish a fair compensation. ---------- Alin. (2 ^ 1) of art. 8 8 has been introduced by section 7 7 of art. unique from LAW no. 205 205 of 7 November 2011 published in MONITORUL OFFICIAL no. 813 813 of 17 November 2011. (2 ^ 2) By the notification provided in par. (1) the term of release of the property, which cannot be less than 30 working days, will also be established. ---------- Alin. (2 ^ 2) of art. 8 8 has been introduced by section 7 7 of art. unique from LAW no. 205 205 of 7 November 2011 published in MONITORUL OFFICIAL no. 813 813 of 17 November 2011. (3) The individual amounts referred to in art. 7 can be supplemented, by Government decision, at the request of the expropriator, in case of modification of the number of buildings necessary to be expropriated, as well as in any other situations, thoroughly motivated, including for the situation provided in par. ((2). + Section 3 Stage III-Transfer of ownership + Article 9 (1) Within 5 working days from the expiry of the deadlines provided for in art. 8, the expropriator has the obligation to issue the expropriation decision. ---------- Alin. ((1) of art. 9 9 has been amended by section 8 8 of art. unique from LAW no. 205 205 of 7 November 2011 , published in MONITORUL OFFICIAL no. 813 813 of 17 November 2011. (2) The expropriation decision constitutes enforceable title for the surrender of the immovable property, both against the expropriated and against those who claim a right related to the expropriated immovable property, until the final and irrevocable settlement of the dispute related to the property of the expropriated property. The appeal over the expropriation decision does not suspend the transfer of ownership of the immovable property in question. (3) The expropriation decision is issued and produces its effects and if the owners of the buildings included in the list do not present themselves within the deadlines set out in art. 8, does not present a valid title or are not known to the owners, as well as in the situation of unopened succession or unknown successors or in which an agreement on the amount of compensation is not reached. ---------- Alin. ((3) of art. 9 9 has been amended by section 8 8 of art. unique from LAW no. 205 205 of 7 November 2011 , published in MONITORUL OFFICIAL no. 813 813 of 17 November 2011. (4) The transfer of ownership of buildings from private property of natural or legal persons into the public property of the state or administrative-territorial units and in the administration of the expropriator operates by law the date of issue of the administrative act of expropriation by the expropriator, after recording the amounts related to the compensation. (5) After carrying out the transfer of ownership, the expropriator requests the recourse of ownership of the expropriation aisle on the basis of a documentation drawn up for each administrative-territorial unit in part, in compliance with the applicable legal provisions. Subsequent to the operation of intabulation, the expropriator has the obligation to start the works within a reasonable period considered, depending on their complexity. (6) In order to clarify the legal situation of the areas affected by expropriation, the expropriator will draw up the cadastral documentation according to the applicable legal provisions. (7) If only a part of a building that is not inscribed in the land register is expropriated, on the basis of the measurements executed by the expropriator, both the expropriated and unexpropriated area shall be determined. The cadastral number is granted only for the unexpropriated area. + Article 10 In the situations provided in art. 9 9 para. (3), persons entitled to claim compensation have the opportunity to prove the right of property before the commission to verify the ownership or other real right on expropriated buildings, according to the provisions of this law. + Chapter III Cadastral documentations + Article 11 (1) The cadastral documentation for the expropriated buildings shall be drawn up through the care of the expropriator, taking into account the provisions Law of cadastre and real estate advertising no. 7/1996 , republished, with subsequent amendments and completions. (2) The documentation will also include data on the classification of the work in the urban planning and landscaping plans, except for the works provided in art. 6 6 para. (1), as well as plans with the site of the work that is received within 10 working days by the National Agency for Cadastre and Real Estate Advertising, through its territorial units. After receiving cadastral documentation, the offices in whose territorial area of activity are located the expropriated buildings will proceed ex officio to the assignment of the cadastral number for the unexpropriated area and will issue rejection for buildings located in the expropriation corridor. ---------- Alin. ((2) of art. 11 11 has been amended by section 7 7 of art. I of LAW no. 90 90 of 6 June 2011 , published in MONITORUL OFFICIAL no. 407 407 of 9 June 2011. (3) The plan with the site of all expropriated buildings, on each administrative-territorial unit, which contains the delimitation of buildings-land with or without constructions-expropriated will be accompanied by the annex with the indication of the names of the holders, such as and the offers of compensation, by category of buildings, established by authorized assessors, shall be made public by display at the premises of the respective local council, where it will remain displayed until the completion of the expropriation procedure, and by display on the expropriator's own website. (4) The tables with the privately owned buildings expropriated under the present law, comprising the county, the locality, the cadastral number, the area in square meters and the name/name of the owner/holder, according to the cadastral documentation, will be brought to public knowledge by display at the headquarters of the local council of each administrative-territorial unit within which the expropriated buildings are located and on its own website of the expropriators, 10 days before the start date the commission's activity referred to in 18. (5) The date of commencement of the commission activity 18 and the date on which the tables provided in par. (4) will be brought to the attention of interested persons by publishing an ad in a local newspaper. (6) If, as a consequence of the review of the feasibility study, the completion of the technical project or the details of execution, the site of the work changes, the expropriator will proceed to update the identification data of buildings subject to expropriation, by drawing up cadastral documentation and updating the tables provided in par. (4), in compliance with the regulations in force. (7) Before the date of commencement of the commission's activity 18, an expert evaluator specialized in the evaluation of real estate, a member of the National Association of Evaluators in Romania-ANEVAR, will draw up an evaluation report of the expropriated buildings for each administrative-territorial unit, on each category of use. (8) The evaluation report shall be drawn up in view of the expertise drawn up and updated by the chambers of the public notaries, according to art. 77 ^ 1 para. ((5) of Law no. 571/2003 on the Fiscal Code, with subsequent amendments and completions. (9) The evaluation report shall be drawn up under the coordination of the National Union of Public Notaries in Romania. + Article 12 (1) Private property facilities necessary for the relocation of utilities, for technological roads, temporary roads, bypass roads, those necessary for loan pits to ensure aeronautical servitutes, as well as those required for special hydrotechnical constructions and other facilities necessary for the protection/realization of public work can be expropriated and subject to the provisions of this law. (2) After the publication of the expropriation decision, the utility holders who have networks located in the area where the execution works will be carried out in order to achieve the objectives provided in this law will be notified within 5 days to start the procedures necessary to issue the site by diverting/protecting the networks they hold within the time agreed with the expropriator. (3) In the case of identification of utility networks after the start of execution works in order to achieve the objectives provided for in this law, the utility holders mentioned above will be notified that within 5 days they will start the procedures necessary to issue the site by diverting/protecting the networks they hold. ((4) In case of deflection of high, medium and low voltage power grids due to execution works in order to achieve the objectives set out in this Law, the license holder for the network to be diverted will have the rights and obligations conferred by art. 16-19 of the Electricity Law no. 13/2007 , with subsequent amendments and completions. + Article 13 (1) After the reception of the site of the work and each cadastral documentation of expropriation by the National Cadastre and Real Estate Advertising Agency, through its territorial units, it has the obligation to transmit to the units administrative-territorial list of rejection terminations related to buildings located on the expropriation corridor. After the transmission of this list it is prohibited to issue by the competent authorities any opinion, agreement, permit, authorization regarding the buildings subject to expropriation. (2) Both the expropriation procedure and the public utility objectives that are subject to this law cannot be suspended or stopped at the request of any person who invokes the existence of disputes regarding the possession or property of the property expropriated. (3) If within 2 years from the date of transmission of the list of rejection terminations by the National Agency for Cadastre and Real Estate Advertising, through its territorial units, to the administrative-territorial units, the expropriator does not obtain, by decision of the Government or, as the case may be, according to the law, by decision of the local or county public administration, respectively of the General Council of the Municipality of Bucharest, the approval of the triggering of expropriation procedures provided in par. ((1) and art. 30 30 para. ((1) shall cease from the law and shall be removed from office in the land register. ---------- Alin. ((3) of art. 13 13 was introduced by art. I of LAW no. 229 229 of 15 July 2013 , published in MONITORUL OFFICIAL no. 438 438 of 18 July 2013. (4) In the situation referred to in par. (3), the spatial planning and urban planning documentations, valid at the time of the expropriation procedure, retain their validity as they were issued and for the period for which they were originally issued, starting with the date of which the prohibitions provided in par. ((1) and art. 30 30 ceases of law *). ---------- Alin. ((4) of art. 13 13 was introduced by art. I of LAW no. 229 229 of 15 July 2013 , published in MONITORUL OFFICIAL no. 438 438 of 18 July 2013. + Article 14 The removal, final or temporary, of the land necessary for the objectives of national, county and local interest on the agricultural circuit and, respectively, of the national forest fund shall be exempted from the payment of the taxes provided for art. 92 92 para. ((4) of the Land Fund Law no. 18/1991 , republished, with subsequent amendments and completions, respectively of taxes and other amounts due according to art. 33 33 para. ((2) lit. h), art. 36 36 para. ((2), art. 41 41 and 42 of Law no. 46/2008 -Forest Code, with subsequent amendments and completions, and art. 42 42 para. ((3) lit. h) of the Land Improvement Law no. 138/2004 , republished, with subsequent additions. + Article 15 The secretaries of the administrative-territorial units in which the expropriated buildings are located, as well as the public notaries are obliged to communicate, within 5 days from the request of the expropriators referred to in art. 2 2, information on the opening of the succession proceedings. + Chapter IV Access to buildings affected by expropriation + Article 16 (1) Holders with any title of buildings located on the expropriation corridor, affected by the elaboration of urban planning documentation, feasibility study-final version or topo-cadastral documentation, as the case may be, after a prior and mandatory notice made by the expropriator, are obliged to allow access for the carrying out of topographic measurements, geotechnical studies and any operations necessary for the feasibility study, as well as field studies archaeological. ---------- Alin. ((1) of art. 16 16 has been amended by section 8 8 of art. I of LAW no. 90 90 of 6 June 2011 , published in MONITORUL OFFICIAL no. 407 407 of 9 June 2011. (2) These provisions shall also apply to the topographic measurements necessary for drawing up the plans, as well as for the preparation of evaluation reports or for any other necessary activities, provided for by this Law. + Article 17 Local public administration authorities and public order forces are obliged to give their contest for carrying out the provisions of art. 16. + Chapter V Operation of the commission to verify the ownership or other real rights and to grant compensation + Article 18 Within 5 days of the issuance of the expropriation decision, the expropriator appoints the commission to verify the ownership or other real right under which the application was made and finds acceptance or, as the case may be, non-acceptance the amount of compensation by the owner or holders of other real rights to the property subject to expropriation. + Article 19 (1) The payment of compensation for the expropriated buildings shall be made on the basis of the requests addressed by the holders of the real rights, as well as by any person who justifies a legitimate interest. (2) The application for payment of damages shall contain the names and surnames of the holders of the real rights, the home address and the supporting documents relating to the existence of real rights on the expropriated property. The application, together with the supporting documents, original and/or certified copies, will be submitted within 10 days from the date of bringing to public knowledge, by display at the headquarters of the local council within which the building is located. (3) Proof of ownership and other real rights to expropriated buildings shall be made by any means of proof permitted by law, including in the areas in which it applies Decree-Law no. 115/1938 for the unification of the provisions relating to land books, as amended, depending on how to acquire the rights-conventional, judicial, legal, succession, understanding by acquiring and setting up or reconstitution of ownership under special laws. (. At the request of the commission referred to in Article 18 the applicant has the obligation to complete the submitted documentation on the status of holder of the real right for which he requests the compensation, within 15 days of the request. Otherwise, the commission provided for in art. 18 will record in an open bank account on behalf of the applicant the compensation, but its release will be made only on the date on which the applicant will prove his right, under the conditions of this law. (5) If the holders of the real rights do not submit the application and/or the supporting documents, according to the provisions of par. (1) and (2), the expropriator will notify them the amounts proposed for the payment of compensation and will record them in an open bank account on behalf of the expropriate. The compensation will be issued under the present law. (6) If the compensation relating to the same building is required in the contest or in contradiction by several persons apparently entitled, the compensation will be recorded in the name of all, and will be divided according to the civil law. The compensation will be issued only to holders of the rights proven by authentic acts and final and irrevocable court decisions or by the certificate of heir issued by the notary public. Any disputes postpone the release of the recorded compensation. (7) If the expropriated buildings are the property of a deceased person, the compensation will be recorded on the account of the deceased. The compensation will be issued only to the successors who will prove their quality with the certificate of quality of heir, the certificate of heir or with the final and irrevocable court decision. (8) If the expropriated buildings are the subject of a succession, and the successors are not known or cannot present a certificate of heir, if the succession procedure is opened, the compensation will be recorded on account of the succession. In the event that the succession procedure is not open, a representative of the expropriator is entitled to request information on the opening of the succession, and the amount representing the compensation will be recorded in a separate account, on account succession. The compensation will be issued only to the successors who will prove their quality with the certificate of heir or with the final and irrevocable court decision. (9) By way of derogation from provisions art. 21 21 para. ((5) of Law no. 10/2001 on the legal regime of some buildings improperly taken over from 6 March 1945 to 22 December 1989, republished, with subsequent amendments and completions, the buildings for which refund notifications were made, which are part of the expropriation corridor, are expropriated under the conditions of this law or, as the case may be, transferred to the public domain of the state and in the administration of the authorities provided 2. (10) In the case of other contentious situations than those provided in par. (5) and (6), the amounts related to expropriation shall be recorded in the name of the persons in dispute, to be paid under the conditions of this law. ((11) If the holder or one of the holders of the real right, in the contest, does not agree with the established compensation, the amount representing the compensation shall be recorded in the name of the holder or, as the case may be, of the holders. The compensation will be issued on the basis of the request made in this regard, accompanied by authentic acts or by the final and irrevocable court decision establishing the amount of compensation or, as the case may be, the authentic declaration of acceptance of the amount of compensation provided for in the judgment establishing compensation. (12) The identification of the expropriated buildings, in dispute, will be made only in the national coordinate system, in accordance with the provisions Law no. 7/1996 , republished, with subsequent amendments and completions. + Article 20 The decision establishing the amount of compensation issued under the terms of this law shall be communicated to the applicant, as well as to the other holders or, as the case may be, the apparent holders, shall be displayed in the extract at the premises of the local council within located the expropriated property and in the extract on the expropriator's own website. + Article 21 No later than 90 days from the date of issue of the decision establishing the amount of compensation, the expropriator shall make, by bank transfer or cash, the payment of compensation to the holders of the property rights on the buildings expropriated or their record, according to the provisions of this law. + Article 22 (1) Expropriate dissatisfied with the amount of compensation provided in art. 19 may be addressed to the competent court in the general limitation period, which flows from the date on which the judgment establishing the amount of compensation was communicated to him, under penalty of forfeiture, without being able to contest the transfer the right of property to the expropriator on the property subject to expropriation, and the exercise of the remedies does not suspend the effects of the decision establishing the amount of compensation and transfer of the property right. (2) The term in which the heirs of the defunct expropriate can apply to the court flows from the date of acceptance of the succession. ((3) The action brought in accordance with the provisions of this Article shall be settled according to art. 21 21-27 of Law no. 33/1994 on expropriation for the cause of public utility, as regards the establishment of compensation *). (4) Both the expropriation procedure and the public utility objectives that are subject to this law cannot be suspended or stopped at the request of any person who invokes the existence of disputes regarding the possession or property of the property expropriated. + Article 23 (1) Applications to the court for the establishment, in contradiction with the Romanian state or with the administrative-territorial units, as the case may be, of the right to compensation for expropriation and its amount are exempt from the judicial fee of stamp and are of the jurisdiction of the common law courts. (2) Provisions of para. (1) are not applicable to disputes having as their object the establishment of ownership or other real right on expropriated buildings. (3) The expenses necessary for the realization of the expertise to assess the amount of compensation due as a result of expropriation within the disputes provided in par. ((1) shall be advanced in accordance with the common law procedure. + Chapter VI Opinions, agreements, certificates and authorisations + Article 24 (1) Documentation for the issuance of urban planning certificates necessary to carry out the works provided for in 1 shall be submitted by the expropriator. (2) The urbanism certificates for the works covered by this law shall be issued and communicated to the expropriator, within 10 calendar days from the date of submission of the documentation. (3) The opinions, agreements, permits and authorizations required by urban planning certificates, except for the environmental agreement, shall be issued and communicated to the expropriator within 15 calendar days from the date of submission of the documentation for their release. (4) The building permit for works, in all cases, shall be issued immediately, according to art. 7 7 para. ((16) of Law no. 50/1991 on the authorization of the execution of construction works, republished, with subsequent amendments and completions. (5) In accordance with the provisions Government Emergency Ordinance no. 27/2003 on the procedure for tacit approval, approved with amendments and additions by Law no. 486/2003 , with subsequent amendments and completions, urban planning certificates, notices, agreements, permits and permits shall be deemed granted, except for the environmental agreement, if they have not been transmitted to the expropriator within the time limits provided for in para. ((2)-(4). + Article 25 ((. In the case of tacit approval of urbanism certificates, approvals, agreements, permits and authorisations, the competent authorities shall be obliged to issue the official document within 5 working days from the date of the tacit approval. (2) The projects included in the program of the Ministry of Transport, Department for infrastructure projects and foreign investments, Ministry of Environment and Climate Change, Ministry of Regional Development and Public Administration, The Ministry of Economy, the Ministry of Public Finance and the National Agency for Mineral Resources or those of the county and local public administration authorities, regarding the development of objectives of national interest, namely of interest county and local, are exempt from taxes to the State Inspectorate in Construction provided by Law no. 10/1995 on quality in construction, as amended, and by Law no. 50/1991 , republished, with subsequent amendments and completions. ---------- Alin. ((2) of art. 25 25 has been amended by section 5 5 of art. I of LAW no. 220 220 of 5 July 2013 , published in MONITORUL OFFICIAL no. 408 408 of 5 July 2013. + Article 26 Urban planning certificates, notices, agreements, permits or authorisations shall be valid until the execution of the works for which they have been issued, respectively until the minutes of the final reception of the works have been issued. + Article 27 They are exempt from paying taxes, tariffs, as well as any other amounts due to the state budget or local budgets services regarding registration, receiving cadastral documentation and services related to the intabulation procedure for the land necessary to achieve the national, county and local interest objectives. + Chapter VII Provisions relating to buildings in public or private property of administrative-territorial units + Article 28 (1) Real estate, public property of administrative-territorial units, which are affected by public utility works pass, under the law, in public property of the state and in the administration of representatives of expropriators in days from the notification of the administrative-territorial unit. Exception to the provisions of this paragraph are the construction works of roads of county interest and those related to the development of airports of local interest, as well as the works of public interest of construction, rehabilitation and modernization of the water supply infrastructure, the wastewater infrastructure and the construction, rehabilitation and modernization works of the treatment plants. ---------- Alin. ((1) of art. 28 28 has been amended by section 9 9 of art. unique from LAW no. 205 205 of 7 November 2011 published in MONITORUL OFFICIAL no. 813 813 of 17 November 2011. ((1 ^ 1) By way of derogation from the provisions art. 9 9 para. ((2) of Law no. 213/1998 on public property, with subsequent amendments and completions, upon the expiry of the term provided in par. (1) immovable property that is affected by public utility works shall pass by right from the public property of administrative-territorial units in public property of the state and in the administration of representatives of expropriators. ---------- Alin. ((1 ^ 1) of art. 28 28 has been introduced by section 10 10 of art. unique from LAW no. 205 205 of 7 November 2011 published in MONITORUL OFFICIAL no. 813 813 of 17 November 2011. (2) Immovable property passed in public property of the state and in the administration of expropriators, according to the provisions of (1), may be transferred, after the completion of the works, in the property of the administrative-territorial units and in the administration of the local public administration authorities and cannot be alienated during the existence of public utility works. (3) In the case of immovable property in public or private property of the state and in the administration of public institutions, research and development institutes, autonomous regions, as well as any other public authorities, whose regime was established by special laws, in order to achieve the objectives of national importance provided for in this law, the transfer of the right of administration is carried out by Government decision, within a maximum of 15 days from the date of approval technical and economic indicators of the objectives. ---------- Alin. ((3) of art. 28 28 has been amended by section 11 11 of art. unique from LAW no. 205 205 of 7 November 2011 published in MONITORUL OFFICIAL no. 813 813 of 17 November 2011. (4) In the case of privately owned property of communes, cities, municipalities and counties, the transfer of ownership operates under the conditions of this law, after the individual amounts are recorded. + Chapter VIII Final provisions + Article 29 (. Legal acts ending after the date of posting of the judgment on the amount of compensation shall be struck by absolute nullity. ((2) As of the date of publication of the decision provided in 5 5 para. (1), the legal acts making the transition from extravilan to intravilan, as well as those through which the transition from the public domain into the private domain of administrative-territorial units, relating to expropriated buildings, according to Feasibility study, are hit by absolute nullity. + Article 30 (1) Any opinions, agreements, permits or authorizations issued to third persons for property expropriated from the date of approval by the National Agency for Cadastre and Real Estate Advertising, through its territorial units, cadastral documentation are hit by absolute nullity. (2) Failure to issue within the deadlines established by the present law of urbanism certificates, approvals, agreements, permits and authorizations by the authorities whose task falls their release is sanctioned with a fine of between 5,000 lei and 10,000 lei. (3) The finding of contraventions and the application of fines shall be made by the prefect, in his capacity as public authority, representative of the Government locally. ((. The provisions of this Article shall be duly completed with the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. ((5) If, due to the lack of an opinion, agreement, permit or authorization, the builders record delays in the execution of the objectives defined in art. 2 2 para. (1), the amount of damages claimed by them will be borne by the institutions that are guilty of exceeding the deadlines established by this law. (6) The provision provided in par. (5) shall also apply in case of issue of an opinion, agreement, permit or authorization of third persons for the buildings expropriated under the conditions of par. ((1). + Article 31 The expropriator may use any technical or evaluation documentation carried out or in progress prior to the entry into force of this Law. ---------- Article 31 has been amended by section 6.6. 12 12 of art. unique from LAW no. 205 205 of 7 November 2011 published in MONITORUL OFFICIAL no. 813 813 of 17 November 2011. + Article 32 In the case of expropriation procedures under way, for the continuation of the achievement of the objectives, the provisions of this law shall apply. + Article 33 Ministry of Transport, Department for infrastructure projects and foreign investments, Ministry of Environment and Climate Change, Ministry of Regional Development and Public Administration, Ministry of Economy, Ministry of Finance Public and the National Agency for Mineral Resources will develop the methodological norms for the implementation of this law, which will be approved by Government decision, with the opinion of the National Agency for Cadastre and Real Estate Advertising. ---------- Article 33 has been amended by section 6.6. 6 6 of art. I of LAW no. 220 220 of 5 July 2013 , published in MONITORUL OFFICIAL no. 408 408 of 5 July 2013. + Article 34 The provisions set out above shall be duly completed with the provisions Law no. 33/1994 , as well as those of the Civil Code and the Code of Civil Procedure, insofar as they do not contravene the provisions of this law. + Article 35 The date of entry into force of this Law shall be repealed: a) Law no. 407/2005 on certain measures prior to the rehabilitation and extension of public railway infrastructure, published in the Official Gazette of Romania, Part I, no. 8 8 of 5 January 2006; b) Law no. 85/2007 on certain measures prior to the development of the airport infrastructure at the "Henri Coanda-Bucharest International Airport", published in the Official Gazette of Romania, Part I, no. 237 237 of 5 April 2007; c) Law no. 198/2004 on some measures prior to the construction works of roads of national, county and local interest, published in the Official Gazette of Romania, Part I, no. 487 of 31 May 2004, with subsequent amendments and completions; d) Law no. 106/2008 on the expropriation for the public utility cause of the land necessary for mining works for the exploitation of lignite deposits, published in the Official Gazette of Romania, Part I, no. 369 369 of 14 May 2008; e) any provisions to the contrary. ---------- Lit. e) of art. 35 35 was introduced by section 4.2. 9 9 of art. I of LAW no. 90 90 of 6 June 2011 , published in MONITORUL OFFICIAL no. 407 407 of 9 June 2011. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
ROBERTA ALMA ANASTASE
SENATE PRESIDENT
MIRCEA-DAN GEOANA Bucharest, December 14, 2010. No. 255. ------