Key Benefits:
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PROPOSED LAW NO. 193 /X
Exhibition of Motives
With application of the Code of Expropriations, passed by Law No. 168/99, 18 of
September, as amended by Law No. 13/2002 of February 19,
by Law No. 4-A/2003 of February 19 and by the Law No. 67-A/2007 of December 31,
have come to be identified some situations that translate, or in procedures
warm and onerous for all actors, with the consequent burdens on them
associates, or in situations that, to a certain extent, penalize excessive the
private individuals.
It has Article 77 of the Code of Expropriations that the reversal of a property
expropriated only if effective after permission from the competent administrative authority and
by a judicial process that aims at adjudication of the same. It is, thus,
currently consecrated to the requirement of the person concerned to deduct, before the court, the
application for the award of the reversion.
These trames reveal themselves very costly and time-consuming for the parties, in addition to the elevated
charges for those concerned, increasing, still, the congestion of the courts. This
formality may, however, be dispensed with and replaced by an agreement between the entity
expropriate and the person concerned, in which they are defined, jointly by the parties, the terms,
conditions and indemnity value, and which will be formalized in a self-reversal or in a
public scripture.
This streamer measure of procedures finds its genesis in the consecration of the
figure of the friendly expropriation self, through the Decree-Law No. 438/91, of 9 of
November (which approved the previous Code of Expropriations), to which it was kept in the
current Code of Expropriations. Ora, in the same way as it allows entity to
expropriating and expropriated acorders in the setting of a value to be ascribed to the well expropriate
without resorting to the court, it must develop in the sense of applying this same logic to the
reversal situations. In addition to this measure decreasing the number of representations to be carried out and
processes to be run in the administrative courts, with the consequent decrease in
associated charges for the person concerned, it is prevented that these are penalised with the
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delays that sometimes occur in doomsday.
That is, the faculty of dispensation of the proceedings in the administrative court entail numerous
advantages, whether for those concerned-with the decrease in charges and time to
getting the reversal-want for the judicial system, with the decongestion of the
administrative courts that this measure will operate.
In short, what is intended is to reclaim the spirit that presided over the creation of the self
amicable expropriation, by extrapolating it to the opposite phase of the reversal.
It is in this sense that it is proposed to amend the Expropriations Code by adopting a new
Article and operating a modification to Article 77 (1). Without prejudice to the person concerned
power, since soon, opting for the judicial route, is open to you the way of the reversion agreement with
dispensation of the application for judicial adjudication, until now mandatory.
The assumption of this optional reversion agreement is still the prior authorization of the
reversal by the competent entity that declares the public utility of expropriation.
A maximum period of 90 days has been set for the realization of the agreement,
extended the deadline to apply for the application for a judicial award for 120 days, so as to
that, should the agreement frustrate, the judicial route still finds itself open.
The amendment which is proposed to the procedure in the context of the reversion of the property
expropriate provided for in the Code of Expropriations comes in the wake of the execution of the
administrative simplification process (SIMPLEX).
Related to this issue is predicted, still, in the case of giving up expropriation, and whether
the expropriating entity had already been invested in the possession of the goods, the possibility of the parties
be able to convert, by agreement, the litigation process in the process of reversal, provided for in the
article 74 and following, by means of joint application to be submitted in judgment.
Should the agreement be admitted by the Tribunal, it shall notify the entity that it has declared the
public utility, to inform the autos whether it authorizes the reversal sought by the parties,
ordering, if so, their conversion.
Taking advantage of the cove of this amendment, they are proposed, still, some changes of
detail, many of them corresponding to recommendations made by the ombudsman,
aiming to eliminate excessive penalizations of the private individuals.
In particular, the amendment of the point is promoted. a) of Article 20 (5) of the Code of
Expropriations, in the sense of being established, in the case of urgent expropriations, the deadline
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of 10 days after the administrative investiture in the possession of the good by the entity
expropriating, for the deposit of the amount to which they refer conjugently to ( b) from the
n Article 20 (1), and Article 10 (4) of the Code of Expropriations, with the
concomitant prediction of the right of the expropriate to receive interest in the case of not being
efective the deposit within that time frame.
Second, it is established that after the notification of the declaration of public utility,
the expropriate and the remaining interested must communicate to the expropriating entity, by
written, any alteration of your habitual residence or registered office. The change of residence
customary or from the seat of the expropriate and the other interested parties who have not been
communicated, does not constitute grounds for the repetition of any terms or representations
of the expropriatory procedure.
Finally, it is understood to be necessary to repeal Article 23 (4) of the Code of
Expropriations, which refers to the content of the compensation due within the framework of
expropriation processes, standard already declared unconstitutional by various judgments of the
Constitutional court as to the most diverse interpretations.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
Article 1.
Amendment to Law No. 168/99 of September 18
Articles 20, 77 and 88 of the Code of Expropriations, passed by Law No 168/99, of
September 18, as amended by Law No. 13/2002, 19 of
February, by Law No. 4-A/2003 of February 19 and by the Law No. 67-A/2007 of 31 of
December, shall be replaced by the following:
" Article 20.
[...]
1-[...].
2-[...].
3-[...].
4
4-[...].
5-[...].
6-The prior deposit is waived:
a) If expropriation is urgent, the same shall be carried out at the time
of ten days, counted in accordance with Article 279 of the Civil Code, the
starting from the date of the administrative investiture in the possession of the goods;
b) [...].
7-In the situation provided for in the paragraph a) of the previous number, should the deposit of the
amount mentioned in Article 10 (4) is not carried out at the time
fixed, are due moratory interest to the expropriate, which they focus on
on the amount of the deposit.
8-[ Previous Article No 7 ].
9-[ Previous Article No 8 ].
Article 77.
Application for an award
1-Not intending to resort to the agreement provided for in the previous article, or failing
of this, the person concerned deduces, within 120 days from the date of the
notification of the authorisation, before the administrative court of circle of the
situation of the building or of its largest extent, the application for the award,
instructing your claim with the following documents:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...].
2-[...].
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Article 88.
Desistance of expropriation
1-[...].
2-[...].
3-If the expropriation quits check itself after the investiture of the entity
expropriating in the possession of the goods to expropriate, the parties may convert,
by agreement, the litigation process in the process of reversal, provided for in the
article 74 and following, through joint application to be submitted in
judgment.
4-Being the required agreement admissible, the Tribunal notifies the entity that
declared the utilities, to inform the autos whether it authorizes the reversal
intended by the parties, ordering, in the affirmative case, their conversion. "
Article 2.
Addition to Law No. 168/99 of September 18
They are deferred to Law No. 168/99 of September 18, as amended by Law No. 13/2002, 19 of
February, by Law No. 4-A/2003 of February 19 and by the Law No. 67-A/2007 of 31 of
December, Articles 17-A and 76.-A, which shall be replaced by the following:
" Article 17.
Duty of communication
1-After the notification of the declaration of public utility, the expropriate and the
too much interested should communicate to the expropriating entity, in writing,
any change to your habitual residence or registered office.
2-A change of the habitual residence or the seat of the expropriate and the rest
interested that has not been communicated in the terms described in the
previous number, does not constitute grounds for the repetition of any
terms or representations of the expropriatory procedure.
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Article 76-The
Reversal agreement
1-Authorised to reversion, may the expropriating entity, or who
later there is acquired the domain of the building, as the case may be, and the
interested, waking up as to the terms, conditions and amount
indemnifying the reversal.
2-The agreement provided for in the preceding paragraph is the form of self-reversal
or other form provided for in the law, and follows, with due adaptations, the
scheme provided for in Articles 36 and 37 for self-expropriation
friendly, with due adaptations, and must contain the elements
required in paragraph b) of Article 44 (1) of the Code of the Predial Register.
3-The reversal agreement, concluded in the terms of the preceding paragraph, constitutes
title quite a lot for all legal effects, including matrix enrollment, the
deannexation and the predial record.
4-The payment of the agreed amount of the compensation of the reversal is
carried out directly to the expropriating entity or to whom it is subsequently
there is acquired the domain over the good, as the case may be.
5-The reversal agreement is to be formalised within 90 days, from the
date of notification of the authorization of the reversion. "
Article 3.
Abrogation standard
Article 23 (4) of the Code of Expropriations is repealed.
Article 4.
Republication
It is republished in annex, which forms an integral part of this Law, the Code of
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Expropriations, with the current wording.
Article 5.
Entry into force
This Law shall come into force on the day following that of its publication.
Seen and approved in Council of Ministers of April 10, 2008
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
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ANNEX
CODE OF EXPROPRIATIONS
Title I
General provisions
Article 1.
Admissibility of expropriations
Immovable property and the rights to them inherent in them may be expropriated because of
public utility understood in the attributions, purposes or object of the expropriating entity,
upon the contemporary payment of a fair compensation in the terms of the present
Code.
Article 2.
General principles
It is incumbent on expropriating entities and too many actors in the procedure and the
expropriative process continue the public interest, in respect for the rights and
legally protected interests of the expropriates and too much interested, noting,
notably, the principles of legality, justice, equality, proportionality,
impartiality and good faith.
Article 3.
Limit of expropriation
1-A expropriation shall be limited to what is necessary for the realization of its purpose, and may,
however, meet future requirements in accordance with a programme of implementation
fastened and suitably calendarized, which cannot exceed the maximum limit of
six years.
2-When it is necessary to expropriate only part of a building, can the owner
apply for full expropriation:
a) If the remaining part does not provide, proportionally, the same comanes as
offered the whole building;
b) If the comands secured by the remaining part have no economic interest
for the expropriate, determined objectively.
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3-The provisions of this Code on full expropriation shall also apply to part
of the area not covered by the statement of public utility for which
check any of the requirements set in the previous number.
Article 4.
Expropriation by zones or lanes
1-Dealing with the execution of municipal planning of land use planning or
projects for equipment or infrastructure of public interest, can be
expropriated at one time, or by zones or lanes, the areas necessary to the respective
execution.
2-In the case of expropriation by zones or lanes, the act of declaration of public utility
must determine, in addition to the total area, the division of this and the order and the deadlines for the start of the
acquisition, with the maximum limit of six years.
3-The goods covered by the second zone or laneway and following remain on the property
and possession of its owners until they are the subject of amicable expropriation or adjudication
judicial, without prejudice to the provisions of Article 19.
4-For the calculation of compensation for buildings not understood in the first area
defined in the terms of paragraph 2 are met the necessary benfees in them introduced
in the period that mediates between the date of the declaration of public utility and the date of the
acquisition of possession by the expropriating entity of the respective area or laneway.
5-A statement of public utility referred to in this Article shall lapse relatively
to goods whose arbitration has not been promoted by the expropriating entity within
of the period of one year, or if the respective proceedings are not remitted to the court
competent within 18 months, in both cases to be counted from the term fixed for
acquisition of the respective area or laneway.
6-The owner and the other interested parties are entitled to be indemnified from the damage
direct and necessarily resulting from the good having been subject to expropriation.
7-A The compensation referred to in the preceding paragraph shall be determined under the
this Code, using, in the absence of agreement, the process provided for in Articles 42.
and following, in the applicable part, with the necessary adaptations.
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Article 5.
Right to reversion
1-Without prejudice to the provisions of paragraph 4, there is a right to reversion:
a) If within two years, after the date of award, the expropriated goods do not
are applied to the end that has determined the expropriation;
b) If, in the meantime, the purposes of expropriation have ceased.
2-Where the realization of a continuous work determines the expropriation of goods
distinct, their start at any location of the profiling does cease the right to reversion
on all expropriated goods, without prejudice to the provisions of paragraph 9.
3-For the purposes of the preceding paragraph it is understood by continuous work the one that
has linear geometric configuration and which, by its nature, is susceptible to execution
fastened over time, corresponding to an articulated, global and
coherent.
4-The right to reversion cessa:
a) When 20 years have elapsed on the date of the award;
b) When it is given to the expropriated goods another destination, upon new
declaration of public utility;
c) When there is resignation of the expropriate;
d) When the declaration of public utility is renewed, on the grounds of
serious injury to the public interest, within the period of one year from
verification of the facts provided for in the preceding paragraph 1.
5-A reversal shall be required within three years of the occurrence of the fact
that originated it, under penalty of expiry; that period has elapsed, assists the expropriate,
by the end of the deadline set out in paragraph a) of paragraph 4, the right of preference in the first
disposal of the goods.
6-The agreement between the expropriating entity and the expropriate or too much interested about
another destination to give to the expropriated good or about the amount of the addition of the
compensation that would result from the application of the provisions of paragraph 8 construe as
waiver of the rights to reversion and preferably.
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7-If the expropriating entity intends to divest parcels left over, it shall communicate the
project of divestance to the expropriate and other known interested whose rights
no hajam ceased definitively, by letter or registered office with notice of
reception, at the minimum 60 days ' notice, finishes of which, not being exercised the
right of reversal or, if it is the case, the right of preference, if it is understood to be waived
same.
8-In the case of new declaration of public utility or renewal of the declaration
previous, the expropriate is notified pursuant to Article 35 (1) to opt for the
setting of new indemnity or by updating the previous one under the provisions of the
article 24, taking advantage of this case the acts practiced.
9-Cesses the provisions of the preceding paragraph 2 if the proceedings are suspended or are
interrupted by maturity of more than two years, counting the time frame referred to in
n. 5 preceding as of the end of that.
Article 6.
Allocation of the goods from the public domain
1-Legal persons under public law are entitled to be compensated, in cash or
in kind, as best convier to the public purposes in question, of the actual damage
that result from the definitive allocation of their public domain goods to other purposes
of public utility.
2-In the absence of agreement, the amount of the compensation is determined by arbitration, in the
terms set out in this Code, with the necessary adaptations.
3-Becoming the allocation of the goods, these are reintegrated into heritage
of the entities referred to in paragraph 1.
Article 7.
Expropriation of goods or rights relating to concessions and privileges
1-With the rescue of the concessions and privileges bestowned for the exploitation of works or
utilities may be expropriated the goods or rights to them concerning
that, being the property of the concessionaire, should continue to affect the work or the
service.
2-A the transfer of possession of the expropriated goods operates jointly with that of the
constitute the object of rescue, even if the compensation is not fixed.
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3-In the case provided for in the final part of the preceding paragraph, the expropriating entity shall
proceed to the caption of the balance of the budget allocation supporting the charge and renovate it
in each economic year while justifying, or proceeding with the collateral in the terms of the law.
Article 8.
Constitution of administrative servitude
1-Can constitute real estate the servings necessary for the purpose of
public interest.
2-The servings, resulting or not of expropriations, give way to compensation when:
a) Make it impossible for the use that was coming to be given to the good, considered globally;
b) Impossible to make any use of good, in cases where these are not being
used; or
c) Completely cancel out their economic value.
3-The constitution of the servitude and the determination of the indemnity applies the provisions of the
this Code with the necessary adaptations, save the provisions of special legislation.
Article 9.
Concept of interested
1-For the purposes of this Code, they consider themselves to be interested, in addition to the expropriate, the
holders of any real right or burden on the well to be expropriated and the tenants of
rustic or urban buildings.
2-The dwelling tenant of urban building is only interested, in that capacity, when
prescinda of equivalent rehousing, appropriate to its needs and those of those who
with it live in common economy at the date of the declaration of public utility.
3-Are taken by those interested in those in the predial register, matrix or in bastant titles
of proof that they display figurem as holders of the rights to which the figures refer
previous or, whenever it deals with missing buildings or there is manifest disupdating
of records and inscriptions, those that public and notoriously are to be taken as such.
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Title II
From the declaration of public utility and the authorization of administrative possession
Article 10.
Resolution of expropriating
1-A resolution to apply for the public utility statement of expropriation shall be
substantiated, mentioning expressed and clearly:
a) The cause of public utility to be pursued and the enabling standard;
b) The goods to expropriate, the owners and other known interested;
c) The forecast of the amount of charges to be borne with expropriation;
d) The envisioned in instrument of territorial management for real estate to expropriate and
for the zone of its location.
2-The plots to expropriate are identified through the mention of the descriptions and inscriptions
in the conservatory to which they belong and of the matrix inscriptions, if they are not omissas,
or of the parcelar plant containing the coordinates of the points that define the limits of the
areas to expropriate, reported to the geodetic network, and, if there is cadastral plant, the limits
of the building, provided that located less than 300 m percent of the boundaries of the plot, at scale
corresponding to that of the geometric enrollment of the property or, in the absence of this, at scale
graphically represented not less than 1:1000, in the inner zones of the perimeters
urban, or at 1:2000, on the exteriors.
3-The owners and other known interested persons are identified through the name,
firm, denomination, habitual residence or registered office.
4-A The forecast of the charges with the expropriation is based on the amount that is
determined beforehand in evaluation, documented by report, carried out by
expert of the official list, of the free choice of the entity interested in expropriation.
5-A resolution referred to in the preceding paragraph 1 is notified to the expropriate and to the rest
interested whose abode is known, upon letter or registered office with notice
of reception.
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Article 11.
Acquisition by way of private law
1-A interested entity, before requiring the declaration of public utility, shall
diligenar in the direction of acquiring the goods by private law, save in cases
provided for in Article 15, and in situations in which, either legally or materially, it is not
possible the acquisition by that route.
2-A notification referred to in paragraph 5 of the preceding Article shall include proposal of
acquisition, by way of private law, which will have as a reference the constant value of the
report of the expert.
3-In the case referred to in Article 9 (2), the proposal is presented as an alternative to the
reaccommodation in it envisaged.
4-Not being known to the owners and the others interested or being returned
the letters or crafts referred to in paragraph 5 of the preceding article, the existence of proposal is
advertised through editais to be affixed at the places of style of the municipality of the place of
situation of the good or of its largest extent and of the freguesias where to locate and in two
numbers followed by two of the most widely read newspapers in the region, being one of these
national.
5-The owner and the remaining interested have the 20-day deadline, counted from the
receipt of the proposal, or 30 days, from the last publication in the papers to be
refers to the previous number, to tell you what to offer them about the proposal
submitted, and its counterproposal may have as a reference the value that is
determined in evaluation documented by report drawn up by expert of its
choice.
6-A refusal or lack of response within the period referred to in the preceding paragraph or of interest in the
counterproposal confers, immediately, to the entity interested in the expropriation to
faculty of submitting the application for the declaration of public utility, in the
terms of the following article, notifying that fact the owners and too much
interested who have responded.
7-If there is agreement, the acquisition by way of private law could take place even if the
area of the parcel, or of the left part, is lower than the culture unit.
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Article 12.
Shipment of the application
1-The application for the declaration of public utility is referred to, as the cases may be, the
member of the Government or the Chair of the relevant municipal assembly for the
issue, and shall be instructed with the following documents:
a) Copy of the resolution referred to in Article 10 (1) and of the respective
documentation;
b) All the elements concerning the phase of attempted acquisition by law
private when it is there and indication of the reasons for the respective unsuccessful;
c) Indication of the budgetary allocation that will bear the charges with expropriation and
of the respective capactivation, or corresponding caution;
d) Schedule of the work drawn up by the expropriating entity, in the case of
urgency, as well as the rationale for this;
e) Study of environmental impact, when legally required.
2-If the applicant is a private law entity, he / she must prove that he / she finds
cautioned the indispensable fund for the payment of the claims to which there is
place.
3-A The requested entity may determine that the applicant joins any others
documents or pay the clarifications you understand necessary.
Article 13.
Declaration of public utility
1-A declaration of public utility shall be duly substantiated and shall comply with the
too much requirements set in this Code and too much applicable legislation,
regardless of the form that magazine.
2-A generically resulting declaration of the law or regulation should be realized
in an administrative act that individualises the goods to expropriate, worth such an act as
declaration of public utility for the purposes of this diploma.
3-Without prejudice to the provisions of paragraph 6, the declaration of public utility shall lapse if it is not
promoted the constitution of the arbitration within one year or if the process of
expropriation is not remitted to the competent court within 18 months, in
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both cases from the date of the publication of the declaration of public utility.
4-A declaration of expiry may be required by the expropriate or by any other
interested in the competent court to know of the appeal of the arbitral decision or the
entity that declared the public utility and the decision that is handed down is notified to
all interested.
5-A lapsed public utility statement may be renewed in cases duly
grounded and within the maximum period of one year, from the expiry of the time limits set
in the preceding paragraph 3.
6-Renovated the declaration of public utility, the expropriate is notified under the terms of the
n Article 35 (1) to opt for the setting of new compensation or updating
from the previous article, pursuant to Art. 24, taking advantage of this case the acts practiced.
7-Addressing of continuous work, in accordance with Article 5 (3), the expiry shall not
be invoked after that has been initiated at any location of the respective profiled,
unless the work is suspended or is interrupted by a term higher than
three years.
Article 14.
Competence for the declaration of public utility
1-Except in the cases provided for in the following number, it is the competence of the Minister to whose
department competes in the final assessment of the process:
a) The declaration of public utility of the expropriation of real estate and rights to
them inherent;
b) The declaration of public utility of the rescue, not provided for in the respective
contracts, concessions or privileges bestowned for the exploitation of works
or utilities and still the expropriation of the goods or rights to
they relative referred to in Article 7 para.
2-A competence for the declaration of public utility of the expropriations of the initiative of the
local municipal administration, for the purpose of realization of urbanization plan
or effective detail plan, is from the respective municipal assembly.
3-A deliberation of the municipal assembly planned in the preceding paragraph should be taken
by majority of members in effectivity of functions.
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4-A The deliberation referred to in the preceding paragraph shall be communicated to the Member of the Government
responsible for the area of the local administration.
5-The recognition of the public interest required by the companies and the declaration of
public utility of the expropriation of the real estate necessary to the installation, magnification,
reorganisation or conversion of its industrial units or of the respective accesses
is within the competence of the Minister to whose department the final assessment of the
process.
6-In cases where it is not possible to determine the department to which it competes
final assessment of the process or which are not covered by the figures
previous is competent the Prime Minister, with the faculty of delegating to the minister
responsible for spatial planning.
Article 15.
Attribution of the character of urgency
1-In the declarative act of the public utility, it can be attributed character of
urgency to expropriation for works of public interest.
2-A attribution of urgent character to the expropriation shall always be substantiated and
confers immediately on the expropriating entity the administrative possession of the goods
expropriated, pursuant to the terms set out in Articles 20 and following, in the applicable part.
3-A The urgent assignment lapses if the works in the parcel are not commencement in the
deadline set in the programme of work, unless duly occurring reason
justified.
4-To the declaration of expiry applies, with the necessary adaptations, the provisions of the
n Article 13 (4)
5-A expiry shall not preclude the subsequent authorisation of the administrative possession, pursuant to the
articles 19 and following.
Article 16.
Urgenting expropriation
1-When the need for expropriation decorates of public calamity or demands
of internal security or national defence, the State or public authorities by
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this designated or legally competent may take immediate administrative possession
of the goods intended to provide for the necessity that determines their intervention, without
any prior formality, following, without further representations, the established in the
present Code on fixation of the indemnity in litigation.
2-Whenever possible, it will be promoted vistory ad perpetuam king memoriam , on the terms
provided for in Article 21, by complying with the necessary adaptations, the provisions thereof
article.
Article 17.
Publication of the declaration of public utility
1-The declarative act of the public utility and its renewal are always published, by
ext, in the 2 th series of the Journal of the Republic and notified to the expropriate and to the rest
interested known by letter or trade under registration with acknowledptive notice,
should be averaged in the predial register.
2-If the expropriate or too much interested are unknown is applicable the willing
in Article 11 (4)
3-A The publication of the declaration of public utility must succinctly identify the goods
subject to expropriation, with reference to the predial description and matrix enrollment,
mention the rights, burdens or burdens that on them focus and the names of the
respective holders and indicate the end of expropriation.
4-A The identification referred to in the preceding paragraph may be replaced by plant, at scale
suitable and graphically represented, which allow for the readable delimitation of the good
necessary to the end of public utility.
5-When it deals with expropriation by zones or lanes, of the publication of the act
declarative is shown in the total area to expropriate, its division according to the fastening,
the deadlines and the order of acquisition.
6-Are jointly published, on account of the applicant companies referred to in
Article 14 (2), the plants of the goods covered by the declaration of public utility,
by complying with them to promote their affixing at the headquarters of the municipality or municipalities of the
place in which those are situated.
7-A statement of public utility is also publicized by the expropriating entity
upon notice affixed at the main entrance of the building, when it exists.
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Article 17-The
Duty of communication
1-After notification of the declaration of public utility, the expropriate and the rest
interested should communicate to the expropriating entity, in writing, any change
of your usual residence or registered office.
2-A change of the habitual residence or the seat of the expropriate and the remaining interested
which has not been communicated in the terms described in the preceding paragraph, no
constitutes grounds for the repetition of any terms or representations of the
expropriatory procedure.
Article 18.
Occupancy of neighboring buildings
1-A The statement of public utility of the expropriation confers on the expropriating entity the
right to occupy neighbouring buildings and from them carry out the necessary work or
taxes for the implementation of these, in the terms provided for in the studies or projects
approved, or of those that are defined in decision of the entity that produced
that act.
2-If the owner or other stakeholders are known, they are previously
notified of the occupation by letter or trade under registration with notice of receipt, with the
minimum 15-day minimum, may any of them require the achievement of survey
ad perpetuam king memoriam , to which it takes place in the terms set out in Article 21 and precedes
always the occupation.
3-If the owners or other stakeholders are unknown is the willing the willing
in Article 11 (4)
4-The owners and too much interested impaired by the occupation are due
compensation in the general terms of law, to be determined in a common process, to which
applies, with the necessary adaptations, the provisions of articles 71 and 72 of the present
Code.
Article 19.
Administrative possession
1-If the expropriating entity is a legal person of public law or public company,
nationalized or public service dealership or public works, may be
20
authorized by the competent entity to declare the public utility of the expropriation to
take administrative possession of the goods to expropriate, provided that the necessary work to the
implementation of the approved works project are urgent and that providence becomes
indispensable for your immediate beginnings or for your uninterrupted pursuit.
2-A authorization of administrative possession should mention expressed and clearly the
grounds that substantiate it and the expected deadline for the commencement of the works on the parcel
expropriated, in accordance with the programme of the work drawn up by the entity
expropriating.
3-A authorisation may be granted at any stage of the expropriation so far
of judicial adjudication of the property.
4-If the works do not begin within the time limit set out in accordance with paragraph 2
previous, unless warranted reason, namely by delay not attributable to the entity
expropriating, the expropriate and the remaining interested have the right to be
indemnified for damages that should not be considered in fixing the fair
compensation.
Article 20.
Conditions of effectivation of administrative possession
1-A administrative investiture in the possession of the goods may not be carried out without
previously have been:
a) Notified the acts of declaration of public utility and authorization of the possession
administrative;
b) Carried out the deposit of the amount mentioned in Article 10 (4) in para.
bank institution of the place of the domicile or seat of the expropriating entity, à
order of the expropriate and the remaining interested, if the one and these are
known and there are no doubts about the entitlements of the affected rights;
c) Carried out survey ad perpetuam king memoriam intended to fix the elements of fact
likely to disappear and whose knowledge is of interest to the
trial of the process.
2-A notification referred to in paragraph (a) of the preceding paragraph shall contain the site, the day and
the time of the act of transmission of possession.
21
3-The act of transmission of possession is to take place in the building, parcel or laneway
expropriated.
4-If the expropriate and the others interested, being or owing to consider themselves
duly notified, do not appear in the act of transmission of possession, this does not
will cease to be conferred.
5-The deposit referred to in point b) of paragraph 1 may be replaced by surety provided
by any of the legally permissible forms.
6-The prior deposit is waived:
a) If expropriation is urgent, and the same shall be carried out within ten
days, counted pursuant to Rule 279 of the Civil Code, as of the date of
administrative investiture in the possession of the goods;
b) If the expropriates and too much interested are not known or there is
doubts about the entitlement of affected rights, and the same shall be
carried out within 10 days from the time they are known or
is resolved the incident regulated in Article 53.
7-In the situation provided for in the paragraph a) from the previous number, in case the deposit of the amount
mentioned in Article 10 (4) is not carried out within the fixed term, they are due
moratory interest on the expropriate, which focus on the amount of the deposit.
8-Assignment of urgent character to the expropriation or authorised of administrative possession, the
expropriating entity requests directly to the president of the court of the Relation of the
judicial district of the place of the situation of the good or of its largest extent the indication of
an expert from the official list for the realization of the survey ad perpetuam king memoriam .
9-It may be requested to nominate two or more experts where this is justified by the
extension or number of buildings to expropriate.
Article 21.
Vistory ad perpetuam king memoriam
1-Received the communication of the appointed expert, the expropriating entity marks the date, the
time and the location of the start of the survey ad perpetuam king memoriam , notifying of such a fact the
expert, the acquaintanes known and the provisional curator, by registered letter or letter
with notice of receipt, to be exasked in such a way as to be received in the minimum advance
22
of five working days, in which it will indicate, still, whether the expropriation is full or partial; the
communication to the expert will be accompanied by copying the elements to which the
points a) , b) and d) of Article 10 (1) and, where possible, of an indication of the
predial description and matrix enrollment of the buildings; the communication to the expropriate and
too much interested will mention, still, the banking institution, the place, the date and the
amount of deposit referred to in point (a) b) from the previous paragraph 1 and, if it is the case, that the
even if it finds itself in your order.
2-The expert who intends to ask for escusa may do so in the two days following the notification
provided for in the preceding paragraph, and the expropriating entity shall submit the application to the
appreciation of the chairman of the court of Relation for the purpose of possible substitution.
3-The stakeholders, the provisional curator and the expropriating entity may attend the
survey and to formulate in writing the quesitoes that have as relevant, to which the expert
should respond in your report.
4-The auto de vistoria ad perpetuam king memoriam must contain:
a) Detailed description of the site, referring to, in particular, constructions
existing, the characteristics of these, the epoch of the edification, the state of
conservation and, where possible, the total areas built;
b) Express mention of all the elements likely to be influential in the evaluation of the
well-survey, pursuant to Articles 23 and following;
c) Plants, photographs or other capturing support from the image of the well expropriated
and of the surrounding area;
d) Elements referred to the expert in the terms of the preceding paragraph 8;
e) Responses to the quesitoes referred to in the preceding paragraph 10.
5-In the 15 days subsequent to the realization of the survey ad perpetuam king memoriam must the expert
deliver to the expropriating entity the respective report, applying, with the
necessary adaptations, the provisions of Article 50.
6-In duly justified cases, specifically by the number of surveys, the time limit
referred to in the preceding paragraph may be extended up to 30 days by the entity
expropriating, the expert's application.
23
7-Received the report, the expropriating entity, within five days, shall notify the
expropriated and the others interested by registered letter with notice of receipt,
referred to them copy of the same and the respective attachments, to present
claim against your content, wanting, within five days.
8-If there is a complaint, the expert shall pronounce it within five days, in a report
complement.
9-Elapsed the term of claim, without this being presented, or received the
supplementary report of the expert, the expropriating entity will be able to use the building for
the purposes of expropriation, washing the administrative self-possession and starting the
work provided for, without prejudice to the provisions of the applicable law on the
disoccupation of housing houses.
Article 22.
Auto of administrative possession
1-The self-possession shall contain the following elements:
a) Identification of the expropriate and the other known interested or mention
express that they are unknown;
b) Identification of the Journal of the Republic where the statement of
public utility and urgency of the expropriation or the dispatch that authorized the
administrative possession;
c) Indication of the date and too many circumstances likely to identify the report
of the survey, which of him will build in attachment.
2-In the impossibility of identifying the building through matrix enrollment or the
predial description, the self-possession should refer to the composition, confrontations and too much
elements that can contribute to the physical identification of the terrain where if
finds the well expropriated.
3-Within five days, the expropriating entity refers, by registered letter with notice
of the reception, the expropriate and the remaining interested copies of the auto de
administrative possession.
24
Title III
Of the content of the compensation
Article 23.
Fair compensation
1-A fair compensation does not aim to compensate for the benefit achieved by the entity
expropriating, but to ressarcate the injury that for the expropriate arises from expropriation,
corresponding to the real and current value of the good in accordance with its actual destination
or possible in a normal economic use, at the date of the publication of the declaration of
public utility, taking into consideration the circumstances and conditions of fact
existing on that date.
2-In the determination of the value of expropriated goods cannot take into account
the more-worth that result:
a) Of the expropriation's own public utility statement;
b) Of works or public endeavors completed less than five years ago, in the
case of no longer being settled charge of added value and the extent of this;
c) From voluptuary or useful benfeits subsequent to the notification referred to in para.
5 of Article 10;
d) Of feasibility information, licences or administrative authorizations
required subsequent to the notification referred to in Article 10 (5).
3-In the setting of fair compensation are not considered to be any factors,
circumstances or situations created with the purpose of increasing the value of the
compensation.
4-[ Revoked ].
5-Without prejudice to the provisions of paragraphs 2 and 3 of this Article, the value of the goods calculated
in accordance with the referential criteria set out in Articles 26 and following shall
correspond to the real and current value of them, in a normal market situation,
may the expropriating entity and the expropriate, when such if it does not verify
require, or the court to decide officiously, that in the assessment be met others
criteria for achieving that value.
25
6-The State guarantees the payment of the fair compensation, in the terms provided for in the
present Code.
7-The State, when it satisfies the compensation, has a right of return on the entity
expropriating, and may, regardless of any formalities, proceed to the
caption of budget transfers up to the value of debt, including the interest of
lives that has been due since the date of payment of the indemnity.
Article 24.
Calculation of the amount of compensation
1-The amount of the indemnity is calculated with reference to the date of the declaration of
public utility, being updated at the date of the final decision of the process according to
the evolution of the consumer price index, with the exclusion of housing.
2-The index referred to in the preceding paragraph is the one published by the National Institute of
Statistic concerning the location of the situation of the goods or of its largest extent.
3-In cases provided for in the final part of Article 5 (8) and in Article 13 (6), a
update of the amount of the indemnity covers also the period that mediate
between the date of the court ruling that definitively fixes the compensation and the date of the
effective payment of the up-dated amount.
Article 25.
Classification of soils
1-For the purpose of calculating the compensation for expropriation, the soil classifies into:
a) Soil fit for construction;
b) Soil for other purposes.
2-It is considered suitable soil for construction:
a) What it has for road and water supply network access, energy
electrical and sanitation, with suitable features to serve the buildings
in it existing or to be built;
b) What only has part of the infrastructure referred to in the preceding paragraph, but
integrates into existing urban core;
c) What is destined, according to instrument of territorial management, to acquire
the characteristics described in the paragraph a) ;
26
d) What, not being covered by the provisions of the above points, possesses,
however, shall allot loteeing or building permit in force at the time of
declaration of public utility, provided that the respective process has started
before the date of the notification referred to in Article 10 (5).
3-It is considered soil for other purposes what it does not find in any of the situations
predicted in the previous number.
Article 26.
Calculation of the value of the soil apt for construction
1-The value of the soil apt for construction is calculated by reference to the construction that in it
it would be possible to perform if it had not been subject to expropriation, in a harnessing
normal economic, in accordance with the laws and regulations in force, in the terms of the
following numbers and without prejudice to the provisions of Article 23 (5)
2-The value of the soil apt for construction will be the result of the updated arithmetic mean
between the unit prices of acquisitions, or tax assessments that correct the values
declared, carried out in the same freguesia and in the limping freguesias in the three years, of
between the last five, with higher annual average, relatively to buildings with
identical characteristics, meeting the parameters set in instrument of
territorial planning, corrected by weighting of the urban envelopment of the good
expropriated, particularly with regard to the type of existing construction, in a
maximum percentage of 10%.
3-For the purposes set out in the preceding paragraph, the competent departments of the Ministry
of the Finance shall provide, the solicitation of the expropriating entity, the list of the
transactions and tax assessments that correct the declared values made in the
zone and the respective values.
4-In case it is not possible to apply the criterion set out in paragraph 2, for lack of
elements, the value of the soil fit for the construction is calculated in function of the cost of the
construction, under normal market conditions, in the terms of the following numbers.
5-In determining the cost of construction, as a referential, the amounts
fixed administratively for the purpose of application of the housing schemes to
controlled or conditioned income costs.
6-In an economically normal harnessing, the value of the soil fit for construction
27
should correspond to a maximum of 15% of the cost of construction, duly
reasoned, varying, inter alia, depending on the location, the quality
environmental and equipment existing in the area, without prejudice to the provisions of the
the following number.
7-A The percentage fixed in the terms of the preceding paragraph may be increased by the
limit of each of the following percentages, and with the variation showing
justified:
a) Road access, with pavement on sidewalk, bituminous or equivalent
together of the parcel-1.5%;
b) Rides to the full extent of the washer or the block, on the side of the parcel-
0.5%;
c) Water-home supply network, with service to the parcel-1%;
d) Sanitation network, with manifold in service with the parcel-1.5%;
e) Electric power distribution network in low voltage with service to the
instalment-1%;
f) Rainwater drainage network with manifold in service from the parcel-
0.5%;
g) Debugging station, in connection with the network of sanitation collectors with
service with the parcel-2%;
h) Gas distributor network together of the parcel-1%;
i) Telephone network with the parcel-1%.
8-If the cost of construction is substantially aggravated or decreased by the specials
conditions of the site, the amount of the addition or of the resulting decrease is
reduced or added to the cost of the edification to be considered for the purpose of the
determination of the value of the land.
9-If the urbanistic harnessing that served as a basis for the application of the criterion laid down in the
n. ºs 4 a to 8 provide, demonstrably, an unaffordable overload for the
existing infrastructure, in the calculation of the indemnity amount should have been in
counts the necessary expenses for the reinforcement of the same.
28
10-The resulting value of the application of the criteria set out in paragraphs 4 a to 9 shall be the subject of
application of a corrective factor by the inexistence of the risk and the effort inherent in the
constructive activity, in the maximum amount of 15% of the value of the evaluation.
11-In the calculation of the value of the soil fit for construction in critical areas of recovery and
urbanistic conversion, legally fixed, will take into account that the volume and type of
construction possible shall not exceed those of the average of the existing constructions on the side
of the trait of the washer in which it is situated, understood between two consecutive routes.
12-Being necessary to expropriate soils classified as a green, leisure zone or for
installation of infrastructure and public equipment by municipal plan of
fully effective land use planning, the acquisition of which is prior to its entry
in effect, the value of such soils will be calculated as a function of the average value of the
existing constructions or that it is possible to edit in the plots located in an area
engaging whose exterior perimeter lies at 300 m of the limit of the expropriated parcel.
Article 27.
Calculation of soil value for other purposes
1-The value of the able soil for other purposes will be the result of the updated arithmetic mean
between the unit prices of acquisitions or tax assessments that correct the values
declared carried out in the same freguesia and in the limping freguesias in the three years, of
between the last five, with higher annual average, relatively to buildings with
identical characteristics, meeting the parameters set in instrument of
territorial planning and its specific aptitude.
2-For the purposes set out in the preceding paragraph, the competent departments of the Ministry
of the Finance shall provide, the solicitation of the expropriating entity, the list of the
transactions and tax assessments that correct the declared values made in the
zone and the respective values.
3-In case it is not possible to apply the criterion set out in paragraph 1, for lack of
elements, the value of the soil for other purposes will be calculated by paying attention to its
effective or possible income in the existing state at the date of the declaration of utility
public, the nature of the soil and the subsoil, the setting of the ground and the conditions of
access, the predominant crops and the climate of the region, the outstanding fruits and other
objective circumstances likely to influence in the respective calculation.
29
Article 28.
Calculation of the value of buildings or constructions and the respective areas of deployment and
lograds
1-In the determination of the value of buildings or constructions with economic autonomy
points out, specifically, to the following elements:
a) Value of the construction, considering its updated cost, the location, the
enveloping environment and seniority;
b) Systems of infrastructure, public transport and proximity to
equipment;
c) Level of architectural quality and comfort of existing and state constructions
of conservation, particularly of the pavements and covers, of the walls
exteriors, common parts, doors and windows;
d) Gross area;
e) Price of previous acquisitions and their dates;
f) Number of tenants and renters;
g) Value of nearby real estate, of the same quality;
h) Statements made by taxpayers or assessments for tax or other purposes.
2-In the case of the normal economic harnessing of the implantation area and the
logradgold shall not depend on the demolition of the buildings or constructions, the fair
compensation corresponds to the summation of the soil values and constructions,
determined in the terms of this Code.
3-In the contrary case, the value of the soil is calculated, in it deducting the cost of the demolitions and
of the dislodges that would be necessary for the purpose, corresponding to
compensation to the established difference, as long as it exceeds the value determined in the terms
of the previous number.
30
Article 29.
Calculation of value in partial expropriations
1-In the partial expropriations, the arbitrators or the experts always calculate, separately,
the total value and income of the building and the parts covered and not covered by the
declaration of public utility.
2-When the unexpropriated party is depreciated by the division of the building or of this
result in other damage or charges, including the decrease of the total edible area
or the construction of identical gaskets to the demolished or the remaining ones, specify
also, separately, the amounts of depreciation and damage or charges, which
add to the value of the expropriated part.
3-There will be no place for the evaluation of the non-expropriated part, pursuant to paragraph 1, when the
arbitrators or experts, justifiably, conclude that, in this, by its extension, not
occur the circumstances referred to in points a) and b) of paragraph 2 and paragraph 3 of the article
3.
Article 30.
Compensation for the lease
1-The leasing for trade, industry or exercise of the liberal profession, or for
housing in the case provided for in Article 9 (2), as well as rural tenancy, are
considered autonomous charges for the purpose of compensation of the lessees.
2-The housing tenant obliged to vacate the fire as a result of lapse
of the tenancy resulting from expropriation may opt between a dwelling whose
characteristics, specifically of location and income, are similar to those of the previous
or by satisfied compensation at one time.
3-In the setting of the indemnity referred to in the preceding paragraph shall be met by the value of the
fire, to the value of the benfeasas carried out by the lessee and the relationship between the rents
paid for this and those practiced in the market.
4-In the indemnity for renting for trade, industry or exercise of
liberal profession meets the expenditure relating to the new facility, including the
income differentials that the lessee will pay, and the damages resulting from the period
of a stoppage of the activity, necessary for the transfer, calculated in the terms
31
general of law.
5-In the indemnity concerning the rural rental, aside from the value of the fruits
outstanding or from unutilized harvests, to the value of the benfeits to which the rennet has
right and the remaining emerging losses from the cessation of the lease, calculated in the
general terms of law.
6-The provisions of the preceding paragraphs shall also apply if the expropriation recouposes
directly on the tenancy and in the case of resolution of the contract of
renting pursuant to Articles 8 and 11 of the Decree No. 139-A/79 of 24 of
December.
Article 31.
Compensation for the interruption of commercial, industrial, liberal or agricultural activity
1-In cases where the owner of the building in it carries out any activity foreseen in the
n. 4 of the previous article, to the compensation for the value of the building add to that
correspond to the damage of the inevitable cessation or the interruption and transfer
of such activity, for the objectively necessary time period, calculated in the
terms of the same precept.
2-If expropriation results in damage to the set of the agricultural holding
carried out directly by the owner, the corresponding compensation add to
relating to those damages, calculated in the general terms of law.
Article 32.
Compensation for the expropriation of various rights from full ownership
In the expropriation of various rights of full ownership, compensation is determined
of harmony with the criteria set for that property, in the part where they are
applicable.
Title IV
Process of expropriation
CHAPTER I
Expropriation friendly
Article 33.
Attempt to agree
32
Before promoting the constitution of arbitration, the expropriating entity must seek
come to terms with the expropriate and the others interested in the terms of the articles
following.
Article 34.
Object of the agreement
In the friendly expropriations may constitute the object of agreement between the entity
expropriating and expropriated or too interested:
a) The amount of the indemnity;
b) The payment of compensation or part of it in installments, the interest
respective and the period of payment of these;
c) The way to satisfy benefits;
d) The indemnity through the yielding of goods or rights pursuant to the articles
67. and 69.
e) The total expropriation;
f) Ancillary conditions.
Article 35.
Proposal of the expropriating entity
1-Within 15 days after the publication of the declaration of public utility, the entity
expropriating, through letter or registered office with acknowledfance of receipt, directs
proposal of the amount indemnified to the expropriate and to the remaining interested whose
addresses are known, as well as to the interim curator.
2-The expropriate and too much interested have the 15-day deadline to respond,
and may substantiate their counteroffer in constant value of an elaborate report
per expert of your choice.
3-In the lack of response or interest of the expropriating entity in relation to the
counterproposal, this gives start to the litigation expropriation under the terms of Articles 38 and
following, notifying of this fact the expropriate and the remaining interested parties who have
answered.
33
4-The expropriate and the remaining interested should clarify, in writing, within the
deadlines of eight days from the date on which they have been notified to the effect, the
issues that are posed to them by the expropriating entity.
Article 36.
Formalization of the agreement by scripture or auto
1-The agreement between the expropriating entity and the remaining stakeholders shall appear:
a) From clerk of friendly expropriation, if the expropriating entity has notary
privative;
b) Of friendly expropriation, to be celebrated before the notary privative of the
municipality of the place of the situation of the well expropriate or of its largest extent,
or, being the expropriating entity of the administrative public sector, in the face of
employee assigned to the effect.
2-The provisions of the preceding paragraphs shall be without prejudice to the appeal to the public notary,
benefiting the priority stakeholders over the remaining notarial service.
3-The self or the deed entered into in the terms of the preceding paragraphs, which has by
object part of a building, whatever its area, constitutes title quite a
effects of its deannexation.
Article 37.
Content of the scripture or the self
1-The self or the deed will be washed out within the eight days subsequent to the one in which the
established agreement is communicated by the expropriating entity to the notary, official
public or official designated under the terms of the paragraph b) of paragraph 1 of the previous article,
in accordance with the provisions of the Notariat Code.
2-Do self or scripture should still appear:
a) The agreed compensation and the form of payment;
b) The date and the number of the Journal of the Republic in which the statement of
public utility of the expropriation;
c) The extract of the plant parcelar.
3-A agreed compensation may be awarded to each of the interested or fixed
globally.
34
4-There is no agreement among those interested in the sharing of the overall compensation that
has been agreed upon, is this delivered to the one that by all is designated or consignothing
in deposit in place of the domicile of the expropriating entity, to the order of the judge of law
of the comarch of the place of the situation of the goods or of the largest extent of them, by making themselves the
shares in the terms of the Code of Civil Procedure.
5-Saved in the case of dolo or serious guilt on the part of the expropriating entity, the
appearance of unknown stakeholders at the date of the celebration of the scripture or the
auto only gives way to the reconstitution of the situation that would exist if they had participated
in the agreement, in the terms in which this was concluded.
6-A expropriating entity shall provide the expropriate and the remaining interested copy
authenticated from the auto or the friendly expropriation deed, when requested.
CHAPTER II
Expropriation litigious
SECTION I
Introductory provisions
Article 38.
Arbitration
1-In the absence of agreement on the value of the indemnity, it is this fixed by arbitration, with
resource for the common courts.
2-The value of the case, for the purposes of admissibility of appeal, under the Code
of Civil Procedure, corresponds to the largest of the following:
a) Decrease of the compensation sought in the resource of the expropriating entity or
global addition of the claims requested in the resources of the expropriate and the
other than interested, referred to the following number;
b) Difference between the compensation values set out in the entity's appeal
expropriating and the overall value of compensation requested by the expropriate and by the
too much interested in the respective resources, to which the following number is concerned.
35
3-Of the arbitral decision is always appealing with merely devolutive effect to the
court of the place of the situation of the goods or of its largest extent.
Article 39.
Autuation
1-Is open an expropriation process with reference to each of the real estate
covered by the declaration of public utility.
2-When two or more real estate have belonged to the same owner or joint
of comowners is compulsory the apensation of the processes in which it does not occur
agreement on the amounts of compensation.
Article 40.
Legitimacy
1-Have legitimacy to intervene in the process the expropriating entity, the expropriate and the
too much interested.
2-A The intervention of any interested in the pendency of the proceedings does not imply
repeat of any terms or representations.
Article 41.
Suspension of the instance and appointment of interim curator
1-The demise, pending the process, of some interested only implies suspension
of the instance after notified to the expropriating entity the adjudication of the property
and possession, this in the case that there has been no administrative investiture.
2-Havendo interested unable, absent or unknown, without it being organized
the respective representation, the judge, officiously or at the request of the Ministry
Public or any interested, appoint them provisional curator, which will be, how much
to the incapable, in the absence of thoughtful reasons to the contrary, the person to whose custody
are delivered.
3-In case the expropriation process is yet to be found in judgment, the judge
determines your immediate shipment, for the effects of the previous number, by the period
indispensable to the decision of the incident.
4-A The intervention of the interim curator cesses as soon as it is assigned the normal
representative of the unable or absentees or pass to be known to the interested
36
whose absence warranted the curatorship.
SECTION II
From the tramway of the process
SUBSECTION I
Arbitration
Article 42.
Promotion of arbitration
1-Compete to the expropriating entity, even if it is of private law, to promote, in the face of
si, the constitution and the operation of arbitration.
2-The functions of the expropriating entity referred to in the preceding paragraph shall become fit to the
judge of law of the comarch of the situation of the situation of the good or of its largest extent in
any of the following cases:
a) If the complaint is upheld the complaint referred to in Article 54 (1);
b) If the expropriation procedure suffers delays not attributable to the expropriate
or to the others concerned that, as a whole, exceed 90 days, counted
pursuant to Art. 279 of the Civil Code;
c) If the law confers the person concerned the right to apply for the expropriation of goods
own;
d) If the declaration of public utility is renewed;
e) In the cases provided for in Articles 15 and 16;
f) The cases provided for in articles 92, 93 and 94.
3-The provisions of the b) , c) , d) and e) of the previous number depends on the requirement of the
interested, deciding the judge after notified the opposing party to pronounce
within 10 days.
4-If the shipment or avocation of the proceedings is ordered, the judge fixed deadline for his / her
efectivation, not exceeding 30 days, under penalty of fine up to 10 units of account,
checking for unjustified delay.
37
Article 43.
Petitions to be filed in court
1-The petitions referred to in Article 41 (2), paragraph 3 of the previous article, paragraph 2 of the
article 51 and the final part of Article 54 (2) are presented directly in the
office of the court competent for the litigation expropriation process.
2-The processes originated by the petitions referred to in the preceding paragraph are dependence
of the expropriation process; the judge to whom this is distributed will determine that
those processes are remitted to you, by staying with exclusive competence for the
respective terms subsequent to the shipment.
3-The processes received in the terms of the final part of the previous number are aphended
to the expropriation process.
Article 44.
Nature of litigation processes
Litigation expropriation processes, as well as those of them are dependent, do not have
urgent nature, without prejudice to the acts relating to the award of the property and possession
and your notification to those interested should be practiced even during the court holidays.
Article 45.
Designation of arbitrators
1-In arbitration intervenes three arbitrators appointed by the chairman of the court of Relation
of the situation of the buildings or of their largest extent.
2-The arbitrators are chosen from among the experts of the official list, owing the President of the
court of the Relation indicate soon what it will preside.
3-For the purpose of the foregoing figures, the expropriating entity requests the
designation of the arbitrators directly to the chairman of the court of Relation.
4-The dispatch of designation of the arbitrators is delivered within five days.
Article 46.
Designation of groups of arbitrators
1-It may be designated more than one group of arbitrators whenever, by virtue of the extension and
of the number of goods to expropriate, a single group of arbitrators is manifestly shown
38
insufficient to ensure the normal progress of all processes.
2-A The decision provided in the preceding paragraph shall be the jurisdiction of the President of the court of
Relation of the situation of the goods to be expropriated or to its fullest extent, upon proposal
grounded of the expropriating entity.
3-If the experts on the official list are insufficient for the constitution of the convenient
number of groups of arbitrators, use of experts included in the lists of others
districts, with preference, when possible, for those of the lists of contiguous districts.
4-A The distribution of the processes by the groups of arbitrators appears in the order of
designation and respects the geographical sequence of the plots, which the expropriating entity
shall indicate in its application, without prejudice to the provisions of Article 39 (2), with the
necessary adaptations.
Article 47.
Notification of the designation of the arbitrators
1-Within 10 days of its receipt, the expropriating entity notifies the
full the communication of the designation of the arbitrators:
a) By registered letter or letter, with notice of receipt, addressed to those interested in
that you know the respective residence and the interim curator;
b) By edital, with dilation of eight days, to affix at the main entrance of the building of the
city council of the county where the buildings or their largest are situated
extension, with respect to those concerned not covered by the previous point and
to those that it is not possible to notify us in the prescribed terms;
c) To the arbitrators, and the communication directed to the respective president shall be
accompanied by the process of expropriation or copying of this and, whenever
possible, of indication of the predial description and of the matrix enrollment of the building.
2-In the notification and in the editations referred to in the preceding paragraph you are given notice of the
expropriated and the remaining interested in the faculty of presentation of quesitoes in the
terms of the following article.
Article 48.
Presentation of quesitoes
Within 15 days of the notification may the parties submit to the arbitrator
39
president, in quadruplicate, the quesitoes that understand pertinent to the fixation of the
value of the subject goods from the expropriation.
Article 49.
Arbitral decision
1-The judgment of the arbitrators is delivered at a conference, serving as a rapporteur the president.
2-The judgment, duly substantiated, is taken by a majority; not by obtaining a
arbitral decision by unanimity or majority, is worth as such the arithmetic mean of the
lauds that are most close to or the intermediate laude, if the differences between it and
each of the remaining are equal.
3-The lauds are together in the judgment of the arbitrators, shall be duly justified and
contain the answers to the quesitons with accurate indication of those who have served as the basis of
calculation of the proposed compensation, as well as the justification of the calculation criteria
adopted and their compliance with the provisions of Article 23 (4).
4-A The decision of the arbitrators is handed over to the expropriating entity within the maximum period of 30 days
on the receipt of the communication referred to in point (s) c) of Article 47 (1)
or of the presentation of the quesitoes.
5-In duly justified cases, specifically in the reason of the number of
arbitrations, the time limit referred to in the preceding paragraph may be extended up to 60 days,
the application by any of the arbitrators, addressed to the expropriating entity.
6-The provisions of Article 21 (3) shall apply.
Article 50.
Fees
1-The fees of the arbitrators are paid by the expropriating entity, upon
suitably justified invoice presentation and in accordance with the Code of Costs
Judicial.
2-The expenses incurred by the arbitrators shall be paid upon delivery of the respective
vouchers.
3-A The expropriating entity is relieved of payment of fees to the arbitrators who,
unless justifiable reason, do not deliver the judgment in the statutory deadlines.
40
Article 51.
Shipping of the process
1-A expropriating entity refers the process of expropriation to the court of the comarch of the
situation of the well expropriate or of its largest extension within 30 days, to be counted
of the receipt of the arbitral decision, accompanied by up-to-date certificates of the
descriptions and of the inscriptions in force of the buildings in the conservatory of the predial register
competent and of their respective matrix entries, or that the same are missing,
well as from the deposit guide to the order of the court of the arbitrated amount or, if it is the
case, of the party in which the latter exceeds the amount deposited under the terms of the ( b) of paragraph 1
or of Article 20 (5); if the prescribed time limit is not complied with, the expropriating entity
deposit, also, moratory interest corresponding to the period of delay, calculated
in accordance with Article 70 (2), and without prejudice to the provisions of Articles 71 and 72.
2-If the case is not referred to judgment within the said period, the court determines, the
application by any person concerned, the notification of the expropriating entity to which
o send it within 10 days, accompanied by the deposit guide, under comination of the
even be avocado.
3-Decorating the case before the judge, in the terms provided for in this Code, this,
after delivery of the report of the arbitrators, notifies the expropriating entity to proceed
to the filing of the indemnity within 30 days; no deposit being made in the
deadline, the fulfilment of the provisions of the final part of the preceding paragraph 1, shall be determined.
with the necessary adaptations.
4-If the deposits to which the previous figures are referred are not carried out in the
intended time limits, the provisions of Article 71 (4) shall apply.
5-After duly instructed the process and done the deposit in the terms of the
previous figures, the judge, within 10 days, adjuvates the expropriating entity to
property and possession, save, as to this, if there is already administrative possession, and orders
simultaneously the notification of its dispatch, of the arbitral decision and of all the
elements presented by the arbitrators, the expropriating entity and the expropriates and
too much interested, with indication, as to these, of the amount deposited and of the
Faculty of appeal interposition referred to in Article 52 para.
41
6-A The adjudication of the property is communicated by the court to the conservative of the register
predial competent for the purpose of officiating registration.
Article 52.
Feature
1-The appeal of the arbitral decision shall be brought in within 20 days of the
notification carried out pursuant to the final part of paragraph 5 of the preceding Article, without prejudice
of the provisions of the Code of Civil Procedure on the interposition of subordinated resources,
saved as to the deadline, which will be 20 days.
2-When there is no recourse, the judge observes, with respect to the allocation of the compensation
to those interested, the provisions of Article 37 (3) and (4) with those required
adaptations.
3-If there is recourse, the judge immediately assigns to those interested, in the terms of the
previous number, the amount on which to verify agreement, retaining, however, if
required, the likely amount of the costs of the process in the case of the expropriate or the
too much interested to decay in the feature.
4-Any of the right holders the compensation claim may apply, within 10 days of
count of the notification of the decision referred to in the preceding paragraph, which is
delivered the portion of the amount over which no deal is apparent that will compete you,
upon provision of bank guarantee or insurance-collateral of equal amount.
5-Not being exercised the right to which the preceding paragraph is concerned, the entity
expropriant may apply for replacement by escrow of the deposit of the part of the
compensation over which no agreement occurs.
Article 53.
Doubts about the entitlement of rights
1-If the receipt of the deposit, pursuant to the preceding article, depends on the decision
of a prior or preliminary question concerning the entitlement to the indemnity, is this
decided provisionally in the process, preceding production of the evidence that the judge has
by necessary.
2-The incident referred to in the preceding paragraph is autuised by apenso, owing to
decided within 30 days.
42
3-While it is not definitively resolved the question of credit entitlement
indemnifying, does not proceed to any payment that it depends on without it being
provided collateral; the surety provided guarantees also the receipt of the indemnity
by the one to whom, in the respective action, is recognized definitively right to
same.
4-From the decision of the incident rests with appeal with merely devolutive effect, which rises
immediately in the apenso.
SUBSECTION II
Argumentation of irregularities
Article 54.
Complaint
1-The expropriate, the expropriating entity in cases where it is not attributable to it or the
too much interested can complain, within 10 days of your
knowledge, against any wrongdoing committed in the procedure
administrative, in particular at the convocation or in the realization of the survey ad perpetuam
king memoriam , as well as in the constitution or operation of the arbitration or in the
lauds or judgment of the arbitrators, specifically because of lack of compliance with deadlines
fixed in the law, offering soon the evidence that they have by convenient and that not
constem already from the process.
2-Received the complaint, the expert or the arbitrator president, as is the case, exara
information on the timing, the fundamentals and the evidence offered, and the
process to be remitted by the expropriating entity to the law judge of the comarch of the
situation of the goods or of their largest extension within 10 days of the
presentation of the complaint, under penalty of immediate avocation of the procedure by the
court, upon participation of the claimant, instructed with copy of the complaint
containing note of receipt with mention of the respective date.
3-The judge decides on the basis of the evidence offered that he understands useful to the decision of the incident
and in the elements provided by the procedure, and may request clarifications or
supplementary evidence.
4-Being the grievance dismissed, the judge sends back immediately the
process of expropriation to the expropriating entity.
43
5-In the order that judging from the complaint, the judge indicates the acts or representations
which must be repeated or reformulated, without prejudice to the provisions of paragraph 2 of the article
42.
6-From the decision rests with the merely devolutive effect, which rises with the appeal of the
final decision.
SUBSECTION III
Application for full expropriation
Article 55.
Application
1-Within the time limit of the appeal of the arbitral decision may those interested apply for
total expropriation, in accordance with Article 3 (2)
2-A expropriating entity is notified to, within 20 days, respond to the request for
total expropriation.
3-The judge proffers decision on the application for full expropriation, within 10 days of it
using resource, with immediate rise in separate and with effect merely
bounty.
4-Decreed the total expropriation, is the expropriating entity notified to carry out
supplementary deposit of the indemnity amount, in the applicable terms of paragraph 3 of the
article 51 para.
5-While it is not definitely decided the request for full expropriation, the
expropriated and the remaining interested can only receive the extra compensation
corresponding by provision of bank guarantee or insurance-collateral security
amount.
6-In the hypothesis provided in this article, they may acquire the part of the building that is not
necessary to the end of expropriation the persons who enjoy legal preference in the
respective divestment and the owners of confining land, by this order,
enjoying the seconds of the specific right of execution.
44
Article 56.
Improvenance of the application
1-When the expropriating entity intends to carry out works in the part of the building no
expropriated in such a way as to avoid the situation provided for in Article 3 (2), improperly
application for full expropriation.
2-For the purposes of the preceding paragraph, the judge in the decision on which to know from the
immerging of the application, fixed deadlines for the initiation and completion of the works by the
expropriating entity.
3-If the works are not initiated within the period prescribed by the judge, the instance is renewed.
4-If the works are initiated but are not completed within the time limit set by the judge,
this, heard the expropriating entity, decides, in accordance with the respective state of
execution, if the instance is renewed.
Article 57.
Collateral
As long as it has not transitioned to trial the decision on the application for full expropriation, the
expropriating entity can only enter the possession of the part of the good whose expropriation was
required by the expropriate upon provision of collateral.
SUBSECTION IV
Appeal of arbitration
Article 58.
Application
In the application of the interposition of the appeal of the arbitral decision, the appellant shall expose
soon the reasons for the disagreement, offer all the documents, apply for the remaining evidence,
including the testimonial evidence, apply for the intervention of the collective court, designate its
expert and to comply with the provisions of Article 577 of the Code of Civil Procedure.
45
Article 59.
Admission of the resource
Interrank appeal, the process is conclusive to the judge to rule on his
admissibility, set the respective effect and order the notification of the opposing party to
respond, in the case of continuing.
Article 60.
Answer
1-A The answer referred to in the previous article is submitted within 20 days of the
of the notification of the decision to admit the appeal; in the case of the defendant intend
interacting subordinate appeal, the answer will also contain the respective application and
the reasons for your disagreement, and the opposing party may reply within 20 days
to count from the notification of the order admitting such an appeal and extending the object of the
forensics.
2-With the subordinate resource or with the response must be offered all the
documents, required the remaining evidence, including the testimonial proof, required to
intervention of the collective court and designated the expert, giving fulfillment, when
is the case, by the provisions of Article 577 of the Code of Civil Procedure.
Article 61.
Instructional representations
1-Fishing the deadline for the submission of the response, the representations immediately follow
instructors that the court understands useful to the decision of the cause.
2-Between the representations to be carried out has mandatorily place the assessment, to which the court
preside, by paying you to set the respective time limit, not more than 30 days, and solve by
dispatch the questions of law raised by the experts of which it depends on the assessment.
3-The provisions of Articles 578 and 588 of the Code of Civil Procedure shall apply.
4-Incumbent on the appellant, and only to this one, even if it is an exempt entity from the expense, the
charge of carrying out the preparation for expenditure on the assessment and the judicial inspection, if the
this there is place.
46
5-When judicial inspection is carried out, they are the record of the respective self-all
reputed elements required for the decision of the cause.
6-There is no place the second assessment.
7-Being necessary to obtain clarifications from whom there is no being called to depose or
document in power of a third party, the court orders the respective notification, for the
effect, setting appropriate time limit; in case of non-compliance of the deadline, without a reason
justification, is applied fine up to 10 units of account.
Article 62.
Designation and appointment of experts
1-A The assessment is carried out by five experts, in the following terms:
a) Each party designates an expert and the remaining three are appointed by the court of
among those on the official list;
b) If two or more interested parties have designated different experts, they are notified
to, within five days, declare what the name has definitely chosen,
prevailing, in the lack of agreement, the will of the majority, if this is part o
expropriated owner; missing the valid designation of some expert, returns-
if the appointment to the court, applying the provisions of the final part of the point
previous.
2-A The lack of comparisons of any expert determines his or her immediate replacement, which is
made freely by the court, pursuant to the final part of the paragraph a) of paragraph 1.
3-The rules of recruitment of experts, their integration into the official lists and the form of
publication of these are contained in a regulatory decree, to be published in the maximum period of
three months from the date of the publication of this Code.
Article 63.
Notification for the act of assessment
1-The parties are notified to, wanting to, appear in the act of the assessment.
2-It is delivered to each expert copy of the resources, the responses to the same and the dispatching
which has been delivered in accordance with Article 578 (2) of the Code of Procedure
Civil.
47
Article 64.
Allegations
1-Completed the proofs of evidence, the parties are notified to claim on the deadline of
20 days.
2-The time limit for the plea of the defendant or the defendant runs from the term of the
deadline for allegation by the appellant, the latter counting from the notification to
claim.
3-Resorting to main title both the expropriating entity and the expropriate, alleges
that one in the first place.
Article 65.
Deadline for decision
Decisions on the appeals of the arbitral award shall be rendered within the maximum period of 30
days from the term fixed for the allegations of the parties.
Article 66.
Decision
1-The judge sets out the amount of compensation payable by the expropriating entity.
2-A sentence is notified to the parties, and it may be appeable to appeal with effect
merely devolutive.
3-The provisions of Article 52 (52) (52) shall apply, with the necessary adaptations,
owing the judge to order that the expropriating entity to carry out the deposit that is
required within 10 days.
4-The foregoing in the preceding paragraphs shall also apply in the case of the case
proceed to the backside.
5-Without prejudice to cases where it is always permissible to appeal, it is not fit for the
Supreme Court of Justice of the judgment of the court of the Relation that sets the value of the
compensation due.
48
Title V
Of the payment of compensation
Article 67.
Forms of payment
1-The claims for expropriation by public utility are paid in cash, from
at one time, save the exceptions provided for in the following numbers.
2-In the friendly expropriations, the expropriating entity, the expropriate and the rest
interested may agree to the payment of the indemnity in instalments or in the
ceding of goods or rights in accordance with that provided for in Article 69.
3-The provisions of the preceding paragraph shall apply to the judicial or extrajudicial transaction in the
pendency of the expropriation process.
4-No compensation is paid without showing up to the provisions of the
article 29 of the Code of the Autarquica Contribution.
5-The agreed payment in instalments is made within the maximum period of three
years, and may the amount of the same vary according to the circumstances.
Article 68.
Amounts in debt
1-The amounts in debt win interest, payable annually or semestally, as it is
awake.
2-In the lack of convention between the parties, the interest rate is that of the moratory interest, in the
terms of Article 70 para.
3-The amount of vincened benefits is automatically updated in the case of
worsening of the consumer price index, in the area concerned, excluding the
housing, published by the National Institute of Statistics.
Article 69.
Ceding of goods or rights
The parties may agree that the indemnity is satisfied, in whole or in part, through
49
of the yielding of goods or rights to the expropriate or to the remaining interested.
Article 70.
Moratory interest
1-The expropriates and too much interested have the right to be compensated for the delays
attributable to the expropriating entity in the proceeding of the procedure or the process
expropriation or in the realization of any deposit in the litigation process.
2-Moral interest shall focus on the definitive amount of the indemnity or the
amount of deposits, as the case, and the respective rate is set out in the terms of the
article 559 of the Civil Code.
3-The cautions provided and the deposits made by the expropriating entity respond
by the payment of the moratory interest which are set by the court.
Article 71.
Deposit of compensation
1-Transition in trial to the decision fixing the value of the indemnity, the judge of the court of
1. th instance orders the notification of the expropriating entity to, within 10 days,
deposit the amounts in debt and join the process note discriminated against, justifying
of the calculations of the settlement of such amounts.
2-A The office notifies the expropriate and the remaining interested the amount deposited,
as well as the note referred to in the final part of the preceding paragraph.
3-The expropriate and the remaining interested can raise the deposited amounts,
without prejudice to its objection in accordance with the following Article and the provisions of paragraph 3
of Article 53 para.
4-Not being made the deposit within the prescribed time limit, the judge shall order the payment by
strength of the cautions provided by the expropriating entity or other arrangements that if
disclose necessary, after which, showing at a lack of some amount, will notify the
service that has its office the avales of the State for it to carry out the deposit of the
missing amount, in replacement of the expropriating entity.
Article 72.
Impugation of the deposited amounts
1-Within 30 days of the notification provided for in paragraph 2 of the preceding Article, the
expropriated and the remaining interested may challenge the deposited amounts,
50
specifying the values due and presenting and requiring all means of
proof.
2-Admitting the challenge, the expropriating entity is notified to respond on time
of 10 days and to present and apply for all means of proof.
3-Produced the evidence that the judge considers necessary, is handed down decision fixing the
amounts due and determining the realization of the supplementary deposit that is
due, within 10 days.
4-Not being made the deposit within the prescribed time limit, the judge orders the payment by force
of the cautions premised, or the arrangements that prove necessary, applying
still the provisions of paragraph 4 of the previous article, with the necessary adaptations, as to the
missing amounts.
5-Carried Out the payment or assured of its achievement, the judge authorizes the lifting
of the amounts that show excessive or the restitution to which there is place and determines
the cancellation of the cautions that show unjustified, save the provisions of paragraph 3 of the
article 53 para.
Article 73.
Allocation of compensation
1-A The allocation of the indemniers to those interested is done in accordance with the provisions of the
n. paragraphs 3 and 4 of Article 37, with the necessary adaptations.
2-In the case of friendly expropriation, decorride 60 days on the expected date of the
payment of any benefit or respective interest without this being carried out, the
expropriated may apply for the arrangements referred to in paragraph 4 of the previous article,
you shall attach the copy of the self or deed writing referred to in Rule 37 (6).
3-A expropriating entity is cited to remit the expropriation process and carry out the
deposit of the amounts in debt, pursuant to paragraph 1 of the previous article, with the
necessary adaptations, and may deduct embargoes within the time frame fixed.
51
Title VI
From the reversal of expropriated goods
Article 74.
Application
1-A reversal referred to in Article 5 shall be required of the entity that has been declared to
public utility of the expropriation or that there is succeeded in the respective competence.
2-If the right to reversion can only be usefully exercised in conjunction with another or
other bidders, the applicant for the reversal may apply for judicial notification of these
for, within 60 days of the notification, require the reversal of the
respective goods, pursuant to paragraph 1, under comination of, not doing any or
some of them, the reversal of the same if it operates in favor of those who require it.
3-The application for total expropriation, pursuant to Article 3 (2) is without prejudice to
reversal of the entirety of the building.
4-If it is not notified of a favourable decision within 90 days of the date of the
application, the person concerned may assert the right to reversion within one year,
upon common administrative action to be proposed in the administrative court of circle
of the situation of the building or of its largest extent.
5-In the action provided for in the preceding paragraph, the application for award is cumulated, instructed
with the documents mentioned in Article 77, which the court appreciates, following the
trames of Articles 78 and 79, in the case of recognizing the right to reversion.
Article 75.
Hearing of the entity and other stakeholders
1-Within 10 days of receipt of the request for reversion, the entity
competent to decide to order the notification of the expropriating entity and the holders
of real rights over the building to revert or over the buildings of it detached, whose
addresses are known, so that they will comment on the application at the deadline
of 15 days.
2-A expropriating entity, within the time frame of its reply, refers the process of
expropriation to the competent entity to decide the request for reversal or indicates the
52
court in which the same is pending or shelved.
3-In the case provided for in the final part of the preceding paragraph, the competent body to decide
asks the court for the confidence of the process until the end of the deadline for the decision.
4-If the facts alleged by the claimant of the reversal are not challenged by the entity
expropriating, it is presumed, unless proven otherwise, that they are true.
Article 76.
Publicity of the decision
1-A decision on the application for reversal is notified to the applicant, to the entity
expropriating and those interested whose address is known.
2-A The decision is published by extract in the 2 th series of the Journal of the Republic .
Article 76-The
Reversal agreement
1-Authorised to reversion, may the expropriating entity, or who will subsequently
there is acquired the domain of the building, as the case may be, and the person concerned, waking up
as to the terms, conditions and amount indemnifying the reversal.
2-The agreement provided for in the preceding paragraph takes the form of self reversal or
another form provided for in the law, and follows, with due adaptations, the envisaged scheme
in Articles 36 and 37 for the friendly self-expropriation, with due
adaptations, and shall contain the elements required in the paragraph b) of the Article 1 (1)
44. of the Code of the Predial Register.
3-The reversal agreement, concluded in the terms of the preceding paragraph, constitutes title
quite a lot for all legal effects, including matrix enrollment, the
deannexation and the predial record.
4-The payment of the agreed amount of the reversion compensation is carried out
directly to the expropriating entity or to whom at a later time there is acquired the
domain over the good, as the case may be.
5-The reversal agreement is to be formalised within 90 days, from the date
of the notification of the authorization of the reversal.
53
Article 77.
Application for an award
1-Not intending to resort to the agreement provided for in the preceding article, or in the absence of this, the
interested deductient, within 120 days from the date of notification of the authorization,
in the face of the administrative court of circle of the situation of the building or its largest
extension, the application for adjudication, instructing its claim with the following
documents:
a) Notification of the authorization of the reversal;
b) Certificate, passed by the conservatory of the predial record, of the description of the building,
of the inscriptions in force, including those of the charges that on it are
recorded and those existing at the date of the award of the building to the entity
expropriating or of which the same is found to be missing;
c) Certificate of the matrix enrollment and the heritage value of the building or that the
even if he finds himself omit;
d) An indication of the satisfied compensation and the respective form of payment;
e) When it is the case, estimate, grounded in report drawn up by expert
of the official list to their choice, of the value of the benfews and deteriorations to which if
refers to the following article.
2-In the case of Art. 74 (2), the application is deducted by the various concerned who,
when necessary, they can indicate the agreement on how the award is to
be made, without prejudice to the provisions of paragraph 3 of the following article.
Article 78.
Opposition of the expropriant
1-A expropriating entity or who later there is acquired the domain of the building is
cited for the terms of the process, and may deduct opposition, within 20 days
as to the amounts of compensation indicated in the terms of the paragraph d) of paragraph 1 of the
previous article and the estimate referred to in point e) of the same number.
2-In the absence of agreement of the parties, the amount to be restitute is fixed by the judge, preceding the
instructional representations that you have for necessary, among which you have compulsorily
54
place the evaluation, in the terms provided for in the process of expropriation,
save with regard to the second assessment, which is always possible.
3-Determined, with transit on trial, the value to which the preceding paragraph is concerned, the
judge, in the lack of agreement mentioned in paragraph 2 of the previous article, determines bidding
among the applicants.
Article 79.
Award
1-Carried Out the deposits or the refunds to which there is place, the judge adjuts the building to the
interested or interested, with the existing burden or charges on the date of the declaration
of the public utility of the expropriation and which do not hade permanently lapsed, which
must be specified in detail.
2-The deposits are raised by the expropriating entity or by whom at a later time
there is acquired the domain over the good, as is the case.
3-A The adjudication of the property is communicated by the court to the conservative of the register
predial competent for the purpose of officiating registration.
Title VII
From the requisition
Article 80.
Requisition of real estate
1-In case of urgent need and whenever the justifying the public interest and
national, real estate and rights to them may be requisitioned, including the
commercial or industrial establishments, the object of ownership of entities
private, to carry out activities of manifest public interest, appropriate to the
nature of those, the guarantees of private individuals being observed and secured the
payment of fair compensation.
2-Unless the provisions of special law, the requisition, interpolated or successive, of a same
immovable cannot exceed the period of one year, counted under Rule 279 of the
Civil Code.
55
Article 81.
Use of the requisite real estate
1-In exceptional cases, duly substantiated in the act of requisition, the real estate
requisitioned may be the subject of use by public or private institutions of
public interest.
2-For the purposes of this diploma, particular institutions of interest are considered
public those of administrative public utilities, those of mere public utilities and those of
social solidarity.
Article 82.
Act of requisition
1-A requisition depends on prior recognition of your need by resolution of the
Council of Ministers, in particular as to the verification of urgency and interest
public and national that substantiate it, observed the principles of suitability,
indispensability and proportionality.
2-A requisition is determined upon portation of the member of the Government responsible
by the area, officiously or the solicitation of one of the entities referred to in the article
previous.
3-From the porterie that determines the requisition must appear the respective object, the beginning and the
term of use, the minimum amount, time limit and entity responsible for the payment of the
compensation, as well as the indication of the beneficiary of the requisition, without
Prejudice to the provisions of Article 85 (4)
4-A requisition would be published in the 2 th grade of the Republic Journal and notified to the
owner, may this claim within 15 working days counted from the date
of the notification or publication.
Article 83.
Instruction of the application request
The requisition for the solicitation of the entities referred to in Article 81 shall be preceded by
application to the minister responsible for the sector, which will contain the following elements:
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a) Identification of the applicant;
b) Nature and justification of the importance of the activities to be pursued;
c) Indispensability of the requisition;
d) Documentary evidence of the representations made with a view to the prior agreement with the
owner on the use to give to the real estate, with indication of the amount of fair
compensation offered and the reasons for the respective unsuccessful;
e) Time of required duration of the requisition;
f) Prediction of charges to be borne in execution of the requisite measure;
g) Entity responsible for the payment of the compensation due by the requisition;
h) Form of payment of the indemnity;
i) Document proving to be regularised to your situation
regarding their tax obligations and social security contributions.
Article 84.
Compensation
1-A The requisition of real estate confers upon the requisite the right to receive a fair
compensation.
2-A fair compensation does not aim to compensate for the benefit achieved by the submitter, but
to ressarcate the injury that for the requisition arises from the requisition.
3-A compensation corresponds to a fair compensation, taking into account the period of the
requisition, the capital employed for the construction or acquisition and maintenance of the goods
requisitioned and their normal yield, the derivative depreciation of the respective use and,
well thus, the average profit that the particular one cees to realize by virtue of requisition.
4-A compensation is fixed:
a) By express agreement between the beneficiary of the requisition and the owner, in the
terms of the articles 33 and following, with the necessary adaptations;
b) In the lack of agreement, by the minister responsible for the sector, on a proposal from the
service with assignments in the area;
c) If the owner does not conform to the amount set out in the terms of the paragraph
previous, by the common courts, in the terms provided for the appeal of the decision
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arbitral in litigation expropriation process, save as far as the second
evaluation, which is always possible.
5-A The compensation provided for in the preceding paragraph shall be without prejudice to those to which there is
force of the provisions of paragraph 2 of the following article.
6-The payment of the indemnity takes place within the minimum period of 60 days after the
publication of the act of requisition.
Article 85.
Obligations of the beneficiary
1-Are obligations of the beneficiary entity of the requisition:
a) Pay the emerging financial burdens of the requisition at the given time;
b) To ensure the burdens resulting from the realization of the activity;
c) Do not use the immovable for a diverse end of the constant on the requisition;
d) Immediately notify the owner, whenever he has knowledge of addiction in the
immovable;
e) Proceed to the withdrawal of all the benfeits or materials that by it have been
placed on the immovable;
f) Refund the immovable, at the expiry of the requisition, in the state in which it was found.
2-A entity in favour of whom one has operated the requisition is responsible for the possible damage
caused in the requisite immovable during the period of the requisition, save if such damage
result in de facto attributable to the owner, of the vice of the thing or of fortuitous case or
of force majeany.
3-When the applicant is a particular institution of public interest, he / she shall submit
document proving to be cautioned, in the terms of the law, the fund
indispensable for the payment of the claims to which there is place.
4-In the event that it is a public entity, the requisite holder shall state the heading
budget that will bear the payment of the claims to which there is place and
respective capactivation.
5-A pretension is presumed to be undue if within 15 days of no decision.
6-The public service with assignments in the area, at the stage of consideration of the application, shall
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seek to mediate the interests in question, and, in any case, proceed to the prior hearing
of the owners of the requisite real estate.
7-In the case provided for in the preceding paragraph 2, the provisions of Article 84 (4) shall apply.
necessary adaptations.
Article 86.
Rights and duties of the owner
1-Are the rights of the owner of the immovable subject of requisition:
a) Use, with your employees and users in general, during the period of time
that last the requisition, the immovable, maintaining in this normal activity, provided that
do not show any incompatible, affect, prevent or, in any way, disturb the
preparation and the realization of the activity to be ensured;
b) Receive the claims to which you are entitled, pursuant to the present diploma.
2-Are the duties of the owner of the immovable object to be handed over to the entity in favour
of whom to apply for requisition the requisite real estate and not to disturb the enjoyment of this
within the limits of the requisition.
Article 87.
Litigation appeal
Of the requisite act is to appeal to the administrative courts, under the law.
Title VIII
Final provisions
Article 88.
Desistance of expropriation
1-In expropriations by public utility it is lawful to the expropriating entity to give up total or
partially expropriation as long as it is not invested in the property of the goods to
expropriate.
2-In the case of dismissal, the expropriate and too much interested are indemnified in the
general terms of law, considering, for the purpose, initiated the expropriation to be
of the publication in Journal of the Republic of the declarative act of public utility.
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3-If the expropriation's dropouts check itself after the investiture of the expropriating entity
in the possession of the goods to expropriate, the parties may convert, by agreement, the process
litigation in the process of reversal, provided for in Article 74 and following, through
joint application to be submitted in judgment.
4-Being the required agreement admissible, the Tribunal notifies the entity that it has declared the
public utility, to inform the autos whether it authorizes the reversal sought by the parties,
ordering, if so, their conversion.
Article 89.
List of experts
As long as the lists referred to in Article 62 (3) of this Code are not published,
remain transiently in force the current ones.
Article 90.
Autonomous Regions
1-In The Autonomous Regions of the Azores and Madeira the declaration of public utility of the
expropriation of goods belonging to private individuals or local authorities is from the
Competence of the Regional Government and is the form of resolution, to be published in the
official bulletin of the Region.
2-A statement of public utility of the expropriation of goods belonging to the administration
central and those required for works of initiative of the State or dependent services
of the Government of the Republic is the competence of the Minister of the Republic, being published
in the 2 th grade of the Journal of the Republic .
Article 91.
Expropriation of movable property
1-In cases where the law authorizes the expropriation of material movable property,
in particular in Article 16 of Law No 13/85 of July 6, there may be place
administrative, immediately after survey ad perpetuam king memoriam , without
dependence on any other formality, following on as to the more,
particularly as to the setting and payment of the fair compensation, the tramway
intended for litigious expropriation processes, applying the provisions of paragraph 5 of the
article 20, with the necessary adaptations.
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2-A expropriating entity requests the president of the court of the Relation of the place of the
Domicile of the expropriate the appointment of an expert with appropriate training, to
proceed to survey ad perpetuam king memoriam , and may suggest names for the purpose.
3-The arbitrators and the expert are freely appointed by the president of the court of the relationship
of the place of the situation of the good at the time of declaration of public utility from among
individuals with the appropriate specialization.
4-A The designation of the expert involves the permission for this to enter the place where it is located
the good, accompanied by representatives of the expropriating entity, in order to proceed to the
survey ad perpetuam king memoriam , if necessary with the aid of police force.
5-The auto de vistoria ad perpetuam king memoriam describes the good with the necessary minutia.
6-A expropriating entity will be able to resort to aid of police force to take possession
of the good.
7-It is competent to know of the appeal of the arbitration the court of the comarch of the
domicile or the seat of the expropriate.
Article 92.
Subsidiary application of the expropriation process
1-Whenever the law sends to apply the expropriation process to determine the value of
a good, specifically in the case of non-acceptance of the agreed price of agreement
with the rule of the legal right of preference, applies, with the necessary adaptations, the
in the provisions of Articles 42 and following of this Code, without precedence of
declaration of public utility, worth as such, for the purposes of counting deadlines,
the application referred to in Article 42 (3).
2-Saved in the case of the exercise of the legal right of preference to be associated with the
existence of preventative, legally established measures, the non-acceptance of the price
conventionalized is only possible when the value of the terrain, according to evaluation
preliminary carried out by expert of the official list, of free choice of the preferred one, be
lower than that in at least 20%.
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3-Any of the parties in the projected business may give up this; the notification of the
desistance to the preferent makes ceasing the respective right.
4-It may also the preferred to give up your right, upon notification to the parties of the
projected business.
Article 93.
Areas of priority urban development and priority construction
1-The goods of the participants who refuse to outort any act or contract
provided for in the legal regime of areas of priority urban development or
priority construction, or in the respective regulatory instruments, are expropriated
with foundation in the public utility of the operation and integrated into the participation of the
municipality.
2-A The expropriation follows the terms set out in this Code with the following
modifications:
a) The declaration of public utility, worth as such, is waived for the purpose of
count of deadlines, the requirement referred to in Article 42 (3);
b) The indemnity shall be calculated with reference to the date on which the expropriate has
been summoned to decide on the acceptance of the operation.
Article 94.
Expropriation for purposes of urban composition
1-The expropriations provided for in Article 48 (1) and (5) of the Decree Law No. 794/76, of
November 5, follow the terms set out in this Code, with the following
modifications:
a) The declaration of public utility, worth as such, is waived for the purpose of
count of deadlines, the requirement referred to in Article 42 (3);
b) The indemnity shall be calculated with reference to the date on which the expropriate has
been notified pursuant to Article 48 (1) of the Decree-Law No 794/76;
c) Land and expropriated urban buildings may be disposed of, under the terms of the
law, to carry out the purposes pursued by Article 48 (1) and (5) of the
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Decree-Law No. 794/76, without a right to reversal or exercise of preference;
d) The deposits in litigation will be carried out by virtue of the revenue of the
operation, being updated pursuant to Rule 24 (1 a) to 3.
2-For the purposes of the provisions of the d) of the preceding paragraph shall the expropriating entity
inform the court of the expected and actual dates of receipt of the revenue.
Article 95.
Areas with unlicensed constructions
On the expropriation of land that by the owner's fact are fully or partially
occupied with unlicensed constructions, whose residents should come to be dislodged and
or rehoused by the central or local administration, the value of the unoccupied soil is calculated
in the general terms, but with deduction of the estimated cost of the demolitions and the
dislodges required for the purpose.
Article 96.
Expropriation required by the owner
In cases where, as a result of special provision, the owner has the right to
apply for the expropriation of own goods, there is no place the declaration of public utility,
valendo as such, for the purpose of counting of deadlines, the application to which the
n Article 42 (3)
Article 97.
Duty of information
The expropriating entity is obliged to report to the apportionment of competent finances and to the
National Statistical Institute the value allotted to real estate in the self or the scripture of
amicable expropriation or in the final decision of the litigation process.
Article 98.
Counting of non-judicial deadlines
1-The non-judicial deadlines set out in this Code shall be saved, unless provision
special, pursuant to Articles 72 and 73 of the Code of Procedure
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Administrative, regardless of the nature of the expropriating entity.
2-The court deadlines set out in this Code shall be counted in the terms of the provisions of the
Code of Civil Procedure.