Acórdão nº 9550077 de Court of Appeal of Porto (Portugal), 26 de Fevereiro de 1996
| Magistrado Responsável | REIS FIGUEIRA |
| Data da Resolução | 26 de Fevereiro de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CEXP76 ART83 N3.
Jurisprudência Nacional: AC RL DE 1994/03/10 IN CJ T2 ANOXIX PAG83. AC TC N341/86 IN DR IIS DE 1987/03/19 N131/88 IN DR IIS DE 1988/06/29.
Sumário: I - Na determinação da indemnização, por expropriação por utilidade pública, é aplicável a lei vigente à data da respectiva declaração de utilidade pública. II - O terreno expropriado, mesmo que esteja arrendado para fins agrícolas, deve ser avaliado como para construção desde que se demonstre ter capacidade para este fim edificativo. III - Não é dotado de capacidade construtiva um terreno abrangido por reserva...
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