Acórdão nº 9530299 de Court of Appeal of Porto (Portugal), 28 de Setembro de 1995
| Magistrado Responsável | SALRETA PEREIRA |
| Data da Resolução | 28 de Setembro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A INDEMNIZAÇÃO.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: DL 196/89 DE 1989 ART8 N1. DL 45987 DE 1964/10/22. CEXP91 ART23.
Sumário: I - A inclusão de uma parcela de terreno rústico expropriada na área da Reserva Agrícola Nacional e na zona da servidão aeronáutica do aeroporto do Porto importa limitações no que toca à sua aptidão construtiva e utilização para fins diversos da actividade agrícola; por isso, o valor de tal parcela é determinado em função da sua potencialidade agrícola, a única a considerar, e não tendo em conta a sua utilização como estaleiro ou armazém de materiais a céu aberto. II - Não é, na hipótese considerada no número antecedente de anular a avaliação efectuada no recurso para o Tribunal Judicial de primeira instância em que os peritos do Tribunal e o do expropriado deram relevo e aceitaram a aptidão...
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