Acórdão nº 9340221 de Court of Appeal of Porto (Portugal), 16 de Novembro de 1993
| Magistrado Responsável | METELLO DE NAPOLES |
| Data da Resolução | 16 de Novembro de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: DL 13/71 DE 1971/01/23 ART8 N1 H. DL 45987 DE 1964/10/22. DRGU 7/83 DE 1983/02/03. CEXP76 ART77 N1 ART35. CEXP91 ART59 N2 ART28.
Sumário: I - Em expropriação por utilidade pública, impõe-se, sob pena de omissão de pronúncia e consequente anulação e repetição da avaliação efectuada, que os peritos determinem se a parcela expropriada está ou não abrangida em zona de servidão rodoviária ou aeronáutica que restrinja ou condicione as suas aplicações, designadamente, a edificabilidade. II - Dado que a lei exige a participação de cinco peritos em diligência que se reveste de carácter obrigatório, é inaceitável que, por os restantes terem...
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