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Find out what steps are taken in the expropriation procedure from the perspective of a specialized expropriation attorney in Cluj, and how to contest the compensation amount.
What you need to know when affected by an expropriation for public utility
Real estate assets owned by individuals or legal entities can be expropriated for the execution of public utility works. Upon issuance of the expropriation decision, the transfer of property rights takes place from the person to the expropriator concerning the affected property (land and/or structure), and steps toward awarding compensation begin.
This material, prepared by an expropriation attorney, aims to help those affected by expropriation by explaining the stages leading to compensation and informing about the possibility of contesting the compensation amount.
How to verify whether you are affected by expropriation
The list of properties forming the expropriation corridor is approved by Government decision or, for projects of local interest, by county or local council decision.
Government decisions are published in the Official Gazette, while local decisions may be found on the website of the administrative unit.
That list includes the owner’s name, land registry identification, the expropriated area out of the total area, and the compensation value.
Example – Cluj Metropolitan Beltway Expropriation
A list of all private properties forming the expropriation corridor for the national importance project “Transregio Road Feleac TR 35, Stage I Metropolitan Beltway TR 35 and connecting roads” in Cluj County is annexed to Government Decision no. 1304/2023.
Example – Cluj Metro Expropriation
Similarly, a list of all private properties forming the corridor for “Metropolitan Train & Metro System Cluj – Stage I” is annexed to Government Decision no. 1327/2023.
What are the next steps once you see you are affected?
Within a few months of the publication of the decision approving expropriation, a notification of intent to expropriate should be mailed to each owner.
That notification will explain the owner’s obligations moving forward. Within 20 calendar days from receiving the notification, the owner must submit to the expropriator documents proving property rights (e.g. land registry extract, acquisition contract, title deed). The notification also sets the deadline for vacating the property, which cannot be less than 30 working days.
After that deadline, the expropriator must issue the expropriation decision, executing the transfer of property rights into public ownership (state or administrative unit).
Following publication of the expropriation decision, the expropriator begins the registration in the land registry. Cadastral documents are prepared, and lands not expropriated receive new cadastral numbers. The cadastral offices will attribute cadastral numbers to remaining land parcels.
Simultaneously, a commission for verification of property rights is appointed, analyzing every affected parcel based on documents submitted. Proof documents are submitted together with the compensation claim, which also indicates if the amount is contested. The commission issues and communicates its decision on compensation.
Within 90 days of issuing the compensation decision, the expropriator pays compensation to the rightful property owners. The expropriation attorney in Cluj recommends that each expropriated person state, in their claim, the intention to contest the compensation amount. The law provides that compensation will be paid even to owners who do not agree with the amount. Thus the person will receive the offered amount but reserve the right to pursue additional difference in court.
See our specialized services for expropriation compensation
Contact our team of Brisc Legal attorneys in Cluj-Napoca to handle your legal issue.