Acórdão nº 9730022 de Court of Appeal of Porto (Portugal), 17 de Abril de 1997
Magistrado Responsável | CAMILO CAMILO |
Data da Resolução | 17 de Abril de 1997 |
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: CEXP91 ART22 N2 ART24 N3 ART25 N5 ART27.
Jurisprudência Nacional: ASS STJ DE 1994/06/15 N16/94 IN DR IS-A DE 1994/10/19.
Sumário: I - Para o cálculo da indemnização de terreno em expropriação por utilidade pública não é de atender ao valor de edificações ( armazéns ), como dispõe o artigo 27 do Código das Expropriações, se aquelas ocupam uma parte mínima do terreno, sendo que todo tem aptidão para construção, além de que aquelas estão implantadas em parcela sobrante. II - Se a expropriante na primeira instância não pôs em causa a aptidão construtiva do terreno expropriado não o pode fazer em via de recurso. III - O valor do solo apto para construção calcula-se em função do valor da construção nele existente ou daquelas que, de acordo com as leis e regulamentos, sejam possível edificar, pois só assim se encontrará uma indemnização justa. IV - É de aceitar o índice de ocupação edificativa do terreno...
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