Popescu & Asociatii obtained in court the suspension of three decisions issued by Mogosoaia Local Council by admitting the appeal promoted on behalf of its client, administrative documents representing an important step in an extensive and controversial expropriation procedure started by the local authority since 2017.
Mogosoaia Local Council decisions concern the approval of the topographic-cadastral documentation, the technical documentation for the reconfiguration of the land plots in order to develop the urbanistic agricultural lands by changing the legal, economic and technical regime with the geometry amendment, positioning and surface of the land plots and of land preparing, leading to the forced expropriation of the lands owned in the area by both individuals and public institutions.
The procedures managed by Popescu & Asociatii team are part of one of the most complex files in Romania in the modern era, aiming to land expropriation for the development the ample urbanization project outside Mogosoaia - Sector Zero, having as object the restitution of over 28,000 ha of land. The project is a small town with about 90,000 inhabitants that would span over 1,100 hectares and would include residential areas, shops, a university campus, a hospital, and a leisure park.
The immediate consequence of the solution obtained is that, until the legality check of the administrative acts issued by Mogosoaia Local Council, any administrative approach that could lead to further expropriation procedure and changing lands legal-economic regime in the impact zone is ceased.
The file was particularly difficult because it involves a very large area of land that is the object of execution, and in the area, it is desired to artificially increase the value of significant lands, including the one belonging to Popescu & Asociatii ’s client, in the detriment of citizens who would be compensated with a minimum amount, compared to the benefits and advantages that would be obtained as a result of expropriation. Mogosoaia, located near the Romanian capital city, is very important considering the cultural heritage (a Brancoveanu style palace, built in the 17th century, of great significance for the local culture), and our efforts had a very important support from the local community who wants this heritage to remain untouched and preserved for future generations.
The team that obtained the favorable decision of the client included lawyers specialized in litigation, real estate, restitution and execution, but also PPP, and was coordinated within Popescu & Asociatii by Andreea MIHALACHE, Senior Counsel, together with Octavian POPESCU, Partner.