Restitution in kind of land subject to runway easements is not possible – High Court of Cassation and Justice rules

Even if private ownership of land is restored on the basis of the provisions of Law no. 18/1991, the inclusion of this land in the runway protection zone deprives the owner of the attributes of ownership.

Thus, the High Court ruled that in this case restitution in kind of the land is not possible and that equitable reparation would consist in ordering the defendant to pay the value of the land by way of compensation.

In a dispute concerning a land claim, the High Court of Cassation and Justice has examined the possibility of restitution in kind of land located in the runway protection zone.

The High Court found, following its analysis, that the inclusion of the land in the runway protection zone deprives the owner of the attributes of ownership, as provided for by the Civil Code.

For this reason, it was considered that restitution in kind is not possible, which entitles the owner to compensation, according to the provisions of the Civil Code governing the land recovery claim.

According to the reasoning of the court, in view of the new use of the land, it can be considered that it is irreversibly occupied, so that it safe to interpret it as meaning that, for the plaintiff who is unable to exercise the attributes of possession, use and disposal, the land can be deemed “vanished” in legal terms.

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