The expropriation is a legal procedure used by the Italian State, or by other public bodies, for the realization of public works or, more generally, cope with needs of public utility. Represents the way in which the state becomes the owner of something not his and can concern any indiscriminately Well immobile present in the area and is regulated by specific articles of the Constitution.
The consideration that the State makes available to remedy the debt contract is called compensationand can be the subject of discussion between the expropriating body and the expropriated. Let’s see together what are the limits of the express and what are the technical and legal procedures.
What is expropriation
Expropriating a land or property can be enclosed, in an example, such as the legal procedure for which it State becomes owner of an asset that is not, at the start of his property. We can think of expropriation as a a sales negotiation, in which, however, neither the price nor the desire for sale are decided by the seller, but by the buyer, who is precisely the state. In this meaning, the expropriation is therefore a authoritative procedure. The asset that must be transferred will be the subject of economic evaluation, so the State will make a specific economic acquisition proposal, called compensation.
The concept of expropriation can be found in full within the Constitution Italian, in particular toArticle 42which outlines the concept of property and establishes under which limits it can be exercised. In fact, the same article defines that, for reasons of general interestthe state can become the owner of an asset not his own. There is also a further regulatory reference governing this field, namely Presidential Decree 327/2001, also known as Consolidated text expropriation.
The expropriation, among other things, can only take place in relation to areas that are subjected to the so -called “pre -ordered constraint at expropriation“, Which lasts 5 years.
How to decide compensation
Compensation it is nothing more than the economic compensation relating to the expropriation procedure. However, compensation is not always equivalent to the actual market value of the expropriated asset. In general, the sum comes estimated with different procedures depending on whether it is a building soil, not building or a real property already built. In the latter case, we can also refer to the commercial values of the property and market prices, as well as to the profitability of the property.
Although the evaluation is made by a technician who works on behalf of the state – such as a CTU (i.e. a technical consultant for office), the owner of the property can accept the economic sum or proceed towards his own incapacitation and, in extreme cases, to go to a appeal To have greater compensation or completely avoid the expropriation procedure, if the technical bases do not exist for this.
What are the non -expropriation assets
Not everything we have around can be expropriated by the state. The Constitution, in fact, clearly defines the existence of some non -expropriation assetsthat is to say:
- Those belonging to the Public state propertyas they already belong to the state and already with a intended use of general interest.
- Those burdened by civic usethat is, properties bound to traditional use that aims to satisfy essential needs of the community.
- Those already belonging to other public bodiesunless the intended use of future use is in a certain sense of greater importance than that for which the good was used previously.
- Those owned by the Holy See or, in general, All places of worship.
How expropriation works in the world
The expropriation procedure has a similar process all over the worldeven outside Italy. In the countries of the European Union, the expropriation is regulated in a more specific way at national level, although this same must continue to respect all the principles established by European Convention on Human Rights (Cedu). Nevertheless, in the world it does not always work as in Europe: there are countries where the expropriation approach is more authoritarian and centralized: The concept of ownership has different application traits from those we are used to in European countries. In this context, cases of expropriation may also happen for which You don’t have formally a compensation towards the expropriated.
