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Expropriation Law Centre Forum

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Re: Re: Re: research/resources

I would suggest that you look in the Legislation section of this web site - which has Expropriation Laws from across Canada. Also check out - this is the Public Works and Government Services site and has guide lines for varying aspects of expropriation.

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According to Common Romanian Law, it is possible to get full property rights if one proves continous possesion for 10 or 20 years (30 if the possesion is exercised in bad faith). This is an ancient institution that originated in the Roman Law ("usucapio, -onis").

Of course, if all the requirements are met, it could be easier for the former owners to claim property based on those legal provision (one of the usual base for property claims) instead of trying to prove their initial rights. This is an option for fighting the effects of abusive nationalisations and confiscations during the ancient regime; Romanian legislators also attempted to repair the dammage through new laws, that allow former owners to regain their lost rights following special legal procedures.

However, I am more interested in what we call "expropriation for public utility" (so, "expropriation" stricto sensu), namely in how are we to determine both ethically and legally the proper compensation. It is very interesting that the international protection of property rights is provided through the Protocol no. 1 to the European Convention on Human Rights (compulsory only for the member-states that chose to ratify it), which applies only as regards the states and other foreign citizens. So, for abusive expropriations, labelled "for public utility", the nationals have no right to ask for protection under the Convention... If this is how we do it in a democracy, you can imagine how we did it under communism...

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Could you give more details of what you are looking for - perhaps some examples of what has taken place and what steps your Government is making to rectify this? It seems there that they are offering people the land surrounding their homes if they can prove they have lived there for 20 years - not much good if people were made to leave their homes.

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My name is Anamaria Corbescu, I am from Romania and I am conducting a research project that is trying to deal more or less with the real meaning of "just and preavious compensation" in connection with abusive expropriations (as you probably know, in communist Romania there were plenty of such cases and post-communist Romania has to deal with the consequences).

I have followed some of your discussions and I have found them very interesting. This is why I am taking the liberty of asking for your guidance in finding some relevant research resources.

So, if you have the time and the disposition, I am waiting for your suggestions.

Thank you very much!