Building abusively taken by the state. Order to pay the difference between the value of the goods in circulation and the amount of compensation awarded in the compensation decision

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The appellant cannot benefit from the application of Article 41 of Law No 165/2013 since the judgment handed down in the proceedings under Law No 18/1991 did not establish an obligation to pay a specific amount by way of compensation. It is noted that, although the expertise report carried out in the case also established the value of the circulation of the land in the area of 3,450 square meters, the court did not take advantage of that conclusion of the forensic technical expert by ordering the defendants in that case to pay the sum of 3,471,390 lei as compensation for the land which could not be returned in kind. In these circumstances, since the procedure for the reconstitution of the right of ownership was not completed by 20 may 2013, the provisions of Law no. 165/2013 are applicable, for the land that cannot be attributed in kind, compensatory measures are granted in points, according to art. 21 of the Law.