{"id":5366,"date":"2026-09-01T18:19:19","date_gmt":"2026-09-01T15:19:19","guid":{"rendered":"https:\/\/brisc.ro\/?p=5366"},"modified":"2026-09-01T18:19:21","modified_gmt":"2026-09-01T15:19:21","slug":"expropriation-compensation-increased-court","status":"publish","type":"post","link":"https:\/\/brisc.ro\/en\/expropriation-compensation-increased-court\/","title":{"rendered":"Expropriation Compensation Increased from RON 102,535 to RON 259,082 for Land Expropriated for the Oradea Ring Road \u2013 A3 Motorway Connection. The Court of Appeal Also Awarded Inflation Adjustment of the Compensation"},"content":{"rendered":"\n

By Civil Decision no. 1036\/2025-A, issued by the Oradea Court of Appeal<\/strong> (final), the court awarded our clients \u2014 a married couple, owners of land expropriated for the national public utility project “Oradea Ring Road Connection (Calea S\u00e2ntandrei Roundabout) \u2013 A3 Motorway (Biharia)” \u2014 compensation of RON 259,082<\/strong>, approximately 2.5 times higher<\/strong> than the RON 102,535 offered by the expropriating authority in the administrative procedure. In addition, the Court of Appeal ordered the expropriating authority to adjust the compensation for inflation from the dates of the partial payments made during the administrative procedure<\/strong> \u2014 not merely from the date the judgment became final \u2014 as well as to pay statutory penalty interest and to bear the litigation costs.<\/p>\n\n\n\n

In total, the litigation brought our clients over RON 210,000 more<\/strong> than what the State had offered: RON 156,547 in additional compensation, approximately RON 33,500 in inflation adjustment, statutory penalty interest, and recovered litigation costs.<\/p>\n\n\n\n

This case study explains the steps taken, the legal grounds relied upon, and what every expropriated property owner who believes their compensation is too low needs to know.<\/p>\n\n\n\n

The Facts: Land Expropriated for the Road Connecting the Oradea Ring Road to the A3 Motorway<\/strong><\/h2>\n\n\n\n

Government Decision no. 912\/2019 approved the location of the national public utility project “Oradea Ring Road Connection (Calea S\u00e2ntandrei Roundabout) \u2013 A3 Motorway (Biharia),” triggering expropriation proceedings for properties located within the expropriation corridor, situated in the localities of Oradea, S\u00e2ntandrei, Bor\u0219, and Biharia, Bihor County. Subsequently, under the expropriation decision issued on 31.01.2020, ownership of the land was transferred to the Romanian State.<\/p>\n\n\n\n

Our clients owned two parcels of land included in the expropriation corridor: one measuring 79 square meters and one measuring 2,514 square meters. It was only in the autumn of 2022 \u2014 nearly 3 years after the transfer of ownership \u2014 that the expropriating authority issued the decisions setting the amount of compensation, offering:<\/p>\n\n\n\n

    \n
  • RON 1,975<\/strong> for the 79 sqm parcel (the equivalent of approximately RON 25\/sqm);<\/li>\n\n\n\n
  • RON 100,560<\/strong> for the 2,514 sqm parcel (the equivalent of approximately RON 40\/sqm);<\/li>\n<\/ul>\n\n\n\n

    for a total of RON 102,535<\/strong> \u2014 amounts clearly below the market value of intravilan (urban) land situated in the immediate vicinity of future road infrastructure.<\/p>\n\n\n\n

    The Legal Approach: Challenging the Amount of Compensation Under Article 22 of Law no. 255\/2010<\/strong><\/h2>\n\n\n\n

    Under Article 22(1) of Law no. 255\/2010<\/strong> on expropriation for public utility purposes, an expropriated party dissatisfied with the amount of compensation may bring a court action within the general three-year limitation period, running from the date the decision setting the compensation amount is communicated. Importantly: the transfer of ownership itself cannot be challenged \u2014 the expropriation as such remains valid \u2014 only the amount of compensation can be contested.<\/p>\n\n\n\n

    On behalf of our clients, we filed a claim with the Bihor Tribunal, seeking, in essence: that the compensation be set at the real, market value of the expropriated land, as determined through judicial technical expertise; statutory penalty interest and inflation adjustment of the compensation from the date of expropriation; and compensation for land that was not expropriated but was affected by the road’s protection zone.<\/p>\n\n\n\n

    The Key Evidence: Judicial Technical Real Estate Valuation Expertise<\/strong><\/h3>\n\n\n\n

    The central issue in litigation of this kind is establishing the real value of the properties. According to Decision no. 78\/2021 of the High Court of Cassation and Justice<\/strong> (Panel for the Resolution of Legal Issues), determining the amount of compensation must take into account both the valuations prepared and updated by the chambers of public notaries at the time of the transfer of ownership, and the criteria set out in Article 26(2) of Law no. 33\/1994 \u2014 that is, the price at which properties of the same kind are ordinarily sold in the relevant administrative-territorial unit.<\/p>\n\n\n\n

    Before the Bihor Tribunal, evidence was taken in the form of judicial technical expertise in real estate valuation, carried out by a panel of experts (a court-appointed expert, an expert designated by the expropriating authority, and an expert designated by the expropriated party). We actively represented our clients’ position throughout the expert assessment: we proposed relevant comparables (sale contracts for similar land within the expropriation corridor area), and we filed objections to the report and written submissions through the party’s consultant expert.<\/p>\n\n\n\n

    The findings of the expert assessment confirmed the undervaluation: the 79 sqm parcel was worth RON 6,795<\/strong> (versus the RON 1,975 offered), and the 2,514 sqm parcel was worth RON 252,287<\/strong> (versus the RON 100,560 offered) \u2014 a total of RON 259,082<\/strong>, at market value as of the date of the transfer of ownership.<\/p>\n\n\n\n

    The Bihor Tribunal’s Ruling: A Compensation Difference of RON 156,547<\/strong><\/h2>\n\n\n\n

    By Civil Judgment no. 120\/C\/2025<\/strong>, the Bihor Tribunal partially upheld the claim and ordered the expropriating authority to pay RON 156,547<\/strong> \u2014 the difference between the total compensation owed (RON 259,082) and the amount deposited during the administrative stage (RON 102,535) \u2014 as well as to pay the litigation costs. The court held that compensation must reflect the real, market value of the property, since only then is the compensation “just,” within the meaning of Article 44(3) of the Romanian Constitution.<\/p>\n\n\n\n

    However, the tribunal rejected the request for statutory penalty interest and for inflation adjustment for the period preceding the judgment becoming final. We filed an appeal.<\/p>\n\n\n\n

    The Win on Appeal: Inflation Adjustment of the Compensation from the Dates of the Administrative Payments<\/strong><\/h2>\n\n\n\n

    On appeal, the truly interesting legal question concerned the relationship between statutory penalty interest (moratory damages)<\/strong> and inflation adjustment (compensatory damages)<\/strong>. In Decision no. 31\/2020, the High Court of Cassation and Justice held that compensation established under the procedure of Law no. 255\/2010 is not compatible with an award of moratory damages for the period between the transfer of ownership and the final resolution of the challenge. We argued, however, that this ruling concerned interest alone, and not inflation adjustment, which is of a different legal nature.<\/p>\n\n\n\n

    The Oradea Court of Appeal upheld this distinction, holding, in essence, that:<\/p>\n\n\n\n

    “Adjustment by the inflation rate is intended to preserve the real value of monetary obligations” \u2014 the key distinction between interest and compensation for inflation.<\/p>\n\n\n\n

    As a result, by Civil Decision no. 1036\/2025-A<\/strong> (final), the Oradea Court of Appeal ordered the expropriating authority to pay the compensation difference adjusted for inflation from the dates on which the expropriating authority paid the amounts set in the administrative procedure (November 2022 and February 2023, respectively) until the date of actual payment<\/strong>, as well as to pay statutory penalty interest from the date the judgment became final. During a period of high inflation, this adjustment amounted to approximately RON 33,500 in additional compensation<\/strong> for our clients.<\/p>\n\n\n\n

    The Final Result, in Figures<\/strong><\/h2>\n\n\n\n
    Item<\/strong><\/th>Amount<\/strong><\/th><\/tr><\/thead>
    Compensation offered by the expropriating authority (administrative procedure)<\/td>RON 102,535<\/td><\/tr>
    Compensation established by the court (market value)<\/td>RON 259,082<\/td><\/tr>
    Additional compensation obtained in court<\/td>+RON 156,547<\/td><\/tr>
    Inflation adjustment (through December 2025)<\/td>+RON 33,506<\/td><\/tr>
    Statutory penalty interest (from the final judgment to actual payment)<\/td>+RON 2,747<\/td><\/tr>
    Recovered litigation costs (first instance and appeal)<\/td>+RON 17,850<\/td><\/tr>
    Total obtained above the expropriating authority’s offer<\/td>over RON 210,000<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

    After the judgment became final, we also handled the enforcement stage: we calculated the total amount owed (principal, inflation adjustment, interest, and litigation costs), sent the expropriating authority a detailed payment demand, and recovered the funds for our clients without the need to initiate forced enforcement.<\/p>\n\n\n\n

    What Expropriated Property Owners Need to Know<\/strong><\/h2>\n\n\n\n
      \n
    • The compensation offered by the expropriating authority is not final.<\/strong> In our practice, the amounts set during the administrative procedure are frequently significantly below market value. In this case, the court set compensation 2.5 times higher.<\/li>\n\n\n\n
    • The deadline to challenge is 3 years<\/strong> from the date the decision setting the compensation amount is communicated. The transfer of ownership cannot be challenged \u2014 only the amount of compensation.<\/li>\n\n\n\n
    • Judicial expertise is the decisive piece of evidence.<\/strong> Choosing the party’s expert, proposing the right comparables, raising objections to the report, and providing technical support for your position are what separate a token increase from a substantial one.<\/li>\n\n\n\n
    • You can also obtain inflation adjustment.<\/strong> Even though statutory interest cannot be awarded for the period before the judgment becomes final (High Court Decision no. 31\/2020), inflation adjustment of the compensation can be obtained for past periods \u2014 a difference that, in years of high inflation, can amount to tens of thousands of lei.<\/li>\n\n\n\n
    • Litigation costs are recoverable<\/strong> from the expropriating authority, to the extent the claim is upheld (expert fees and, in part, attorney’s fees).<\/li>\n<\/ul>\n\n\n\n

      Were You Expropriated? Check Whether Your Compensation Reflects the Real Value of Your Property<\/strong><\/h2>\n\n\n\n

      The Brisc Legal team assists expropriated property owners in cases involving motorways, expressways, ring roads, and other public utility works, at every stage: analyzing the decision that set the compensation, challenging the amount in court, supporting the valuation expertise, and enforcing the judgment. If you received compensation that you believe is undervalued, contact us for a review of your case \u2014 the three-year deadline runs from the date the decision setting the compensation is communicated.<\/strong> And of course, if there is an unjustified delay in issuing that decision, litigation can be initiated even before it is issued.<\/strong><\/p>\n\n\n\n

      Contact:<\/strong> Phone 0744 475 971 | Str. Doroban\u021bilor no. 14-16, Cluj City Center, 2nd floor, room 210, 400121, Cluj-Napoca | Email horatiu@brisc.ro<\/p>\n","protected":false},"excerpt":{"rendered":"

      A married couple received RON 102,535 for land expropriated for the Oradea Ring Road \u2013 A3 Motorway connection. Through court proceedings, we obtained RON 259,082 in compensation at real market value, plus inflation adjustment, penalty interest, and litigation costs \u2014 over RON 210,000 above the state’s original offer, confirmed by a final Court of Appeal decision.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-5366","post","type-post","status-publish","format-standard","hentry","category-uncategorized","masonry-post","generate-columns","tablet-grid-50","mobile-grid-100","grid-parent","grid-50"],"_links":{"self":[{"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/posts\/5366","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/comments?post=5366"}],"version-history":[{"count":1,"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/posts\/5366\/revisions"}],"predecessor-version":[{"id":5367,"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/posts\/5366\/revisions\/5367"}],"wp:attachment":[{"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/media?parent=5366"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/categories?post=5366"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/brisc.ro\/en\/wp-json\/wp\/v2\/tags?post=5366"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}