A woman sued the Alba Iulia City Hall and the City Council. This is the owner of a land that the municipality wants to expropriate in the public interest. It is about a plot of land in the Alcala de Henares area.
The woman in question does not agree with the price for compensation, which the town hall has set per square meter of expropriated land: 10 lei.
As a result, it sued the City Hall and the City Council. A first trial took place, and on March 21, 2024 the magistrates of the Alba Court gave a first decision.
Broadly speaking, in the meeting of the Local Council on July 14, 2023, the local councilors approved the expropriation of 9045 square meters of land, on Albac, Gârda and Dragășani streets. The land belongs to some people, and for compensation the councilors accepted the amount of 10 lei per square meter.
The person who sued the town hall in court would lose 1724 square meters. This would mean that he would receive compensation of 17,240 lei.
The land would be used in the project to modernize some streets in the Alcala de Henares area and some adjacent streets.
The streets envisaged by the project: Alcala de Henares (including the connection with Str. Gheorghe Şincai), Gârda, Drăgășani, Zăvoi, Lupșa, Calistrat Hogaș, Abrudului, Vidra, Albac, Stadionului, Cornel Medrea, Calea Labului, Meteș, Lotru
The amount is small and unfair
In the court filing, he said the amount was small and unfair for the damage he suffered.
The plaintiff cannot oppose the steps taken in this regard by the public authorities. However, in terms of establishing the compensation estimated by the expropriator, there is a personal and legitimate interest in requesting the cancellation of HCL no. 286/2023, the applicant’s land being included in the list of buildings affected by expropriation.
Thus, the plaintiff assessed that the value of 10 lei/m2 established as compensation estimated by the expropriator for the immovables and lands affected by this project is low and unfair regarding the immovables included in the list of those that will be expropriated.
By referring to the position of the building in the location of the territorial administrative unit, its individual characteristics and market value, as well as the legal provisions in the matter, the plaintiff considered that the compensation of 10 lei/sqm is unfair, the woman wrote in the documents submitted to the court.
The decision in court
The magistrates did not rule on the subject, but on the jurisdiction of the court. More precisely, they declined jurisdiction to the First Civil Section of the Alba Court.
The woman’s request would be judged by the magistrates of the First Civil Section of the court in Alba.
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