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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.