EXPROPRIATION ON GROUNDS OF PUBLIC UTILITY
EXPROPRIATION ON GROUNDS OF PUBLIC UTILITY
Author(s): Adelin Mihai ZăgărinSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Bibliotheca
Keywords: expropriation; compensation; motivation; public property; public domain; recognition of public utility; administrative procedure; effects of expropriation; private property; amicable transfer.
Summary/Abstract: Ever since the emergence of the state concept and its administration under one form or another, expropriation has always been a continuous concern of the legal doctrine, both for its complex phenomenon and for the social and legal effects it produces. The expropriation procedure aims at protecting the private property against the abuses and/or arbitrariness of the public administration, all of these being the reason for its limitation to: its purpose, the assets subject to it, the authorities that can expropriate, the appropriate administrative steps to follow during the procedure. Expropriation emphasizes the property right of the public domain of the State or of a territorial administrative authority, with a distinct legal regime from that of the private property right. The law stipulates exactly the category of assets that can be expropriated, respectively the assets that are of public use or interest, according to the law or their nature. Considering the economic situation so dynamic of Romania, expropriation remains a topic of interest, being indissolubly linked to the development of infrastructure, of road and motorways networks, etc. For this purpose, the analysis of the phenomenon of expropriation can practically be exhausted, the contributions of the various authors being valuable in the law context under constant change and transformation
Journal: Revue Européenne du Droit Social
- Issue Year: 2018
- Issue No: 4 (41)
- Page Range: 94-107
- Page Count: 14
- Language: English