The Fourth Amendment To The Expropriations Code, Approved By Law No 168/99 Of 18 September

Original Language Title: Procede à quarta alteração ao Código das Expropriações, aprovado pela Lei n.º 168/99, de 18 de Setembro

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445354d7931594c6d527659773d3d&fich=ppl193-X.doc&Inline=false

1 PROPOSAL of law No. 193/X explanatory memorandum With application of the Expropriations Code, approved by law No 168/99 of 18 September, as was afforded by the law No. 13/2002, of February 19, by law No. 4/2003, of 19 February, and by law No. 67-A/2007, of December 31 , have been identified some situations that translate, or in lengthy procedures and burdensome for all parties involved, with the resulting charges associated with them, or in situations which, to some extent, excessively penalize individuals. Article 77 of the code of Expropriations that rolling back a property expropriated effective only after authorization by the competent administrative authority and by a lawsuit that aims to award the same. Is thus currently devoted to mandatory interested deduct before the Court, the application for award of the reversal. These procedures are very costly and time consuming for the parties, in addition to the high cost to stakeholders, increasing the congestion of the courts. This formality can, however, be dismissed and replaced by an agreement between the entity and the expropriante interested in which are defined jointly by the parties, the terms, conditions and amount ofcompensation is calculated, and that will be formalized in a self reversion or in a public deed. This measure of simplifying procedures finds its genesis in the consecration of the self through the friendly expropriation Decree-Law No. 438/91, of 9 November (which approved the previous code of Expropriations), which was maintained in the current code of Expropriations. Now, in the same way that allows expropriante and entity expropriated wake on setting a value to assign to the expropriated without going to court, must evolve in order to apply this same logic to rollback. In addition to this measure to decrease the number of steps to be carried out and processes running in the administrative courts, with the consequent reduction of associated charges for the interested, prevents these from being penalised with 2 delays that sometimes occur in court. I.e. College remission process in administrative court carries many advantages, both for those interested – with decreasing costs and time for obtaining the reversal-whether for the judicial system, with the decongestion of administrative courts that this measure will operate. In short, the aim is to recover the spirit that presided over the creation of expropriation, extrapolating it to the opposite phase of the reversal. It is in this sense that proposes the amendment of the code of Expropriations, adding a new article and operating an amendment to paragraph 1 of article 77. Without prejudice of the person concerned could therefore opt for judicial process is opened via the reversal with exemption from application for judicial award, until now required. The assumption of this optional reversion agreement continues to be the prior authorization of the reversal by the competent entity declaring public utility expropriation. Established a maximum period of 90 days for the implementation of the agreement, extended the deadline to apply for the award request for 120 days so that, if the agreement is frustrated, the judicial process is still open. The proposed amendment to the procedure under the reversion of expropriated property provided for in the code of Expropriations follows the implementation of the administrative simplification process (SIMPLEX). Related to this issue is envisaged also in case of cancellation of the expropriation, and if the entity expropriante had already been invested in the possession of the goods, the possibility of the parties can convert, by agreement, litigation in the process of reversal, as provided for in article 74 et seq., through application set to present in court. If the agreement is accepted by the Court, shall notify the entity which declared public utility, to inform the record if desired by the Parties authorize the reversal, ordering, if so, their conversion. Taking advantage of the opportunity of this amendment, we propose also some detail changes, many of them corresponding to recommendations made by the Ombudsman, in order to eliminate excessive penalties of individuals. In particular, promote the amendment of subparagraph (a)) of paragraph 5 of article 20 of the code of Expropriations to be established, in the case of urgent expropriations, the period october 3 days after the investiture in the possession of the well by the expropriante entity, for the deposit of the amount referred to in point (b) together) of paragraph 1 of article 20 , and paragraph 4 of article 10 of the code of Expropriations, with the concomitant right forecast expropriated interest receivables in case of not being effected the deposit within that period. Secondly, States that after the notification of the Declaration of public utility, the expropriated and the other interested parties shall notify the expropriante authority in writing of any change of his habitual residence or headquarters. The change of habitual residence or seat of the expropriated and of other interested parties that has not been communicated, does not constitute grounds for the repetition of any terms or representations of the expropriatório procedure. Finally, means necessary to repeal paragraph 4 of article 23 of the code of Expropriations, which refers to the contents of the compensation due under the expropriation processes, standard already declared unconstitutional by several rulings of the Constitutional Court with regard to a variety of interpretations. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 amendment to law No. 168/99 of 18 September articles 20, 77 and 88 of the Expropriations code, approved by law No 168/99 of 18 September, as was afforded by the law No. 13/2002 , 19 February, by law No. 4/2003, of 19 February, and by law No. 67-A/2007, of December 31, shall be replaced by the following:% quot% article 20 [...] 1 - [...]. 2 - […]. 3 - […]. 4 4 - […]. 5 - […]. 6-the prior deposit is dismissed: a) If expropriation is urgent and must be made within ten days pursuant to article 279 of the Civil Code, from the date of the appointment in the possession of the goods; b) […]. 7-in the situation referred to in (a)) of the preceding paragraph, if the amount referred to in paragraph 4 of article 10 is not made within the prescribed period, are payable on arrears to the expropriated, which affect the amount of the deposit. 8-[previous paragraph 7]. 9-[previous paragraph 8]. Article 77 request for award 1-Not intending to appeal to the agreement provided for in the preceding article, or failing that, the person deducts, within 120 days from the date of notification of the authorisation before the Administrative Court of circle of the building or of its greatest extent, the application for adjudication, instructing his claim with the following documents : a) […]; b) […]; c) […]; d) […]; e) […]. 2 - […]. Article 88 Cancellation of expropriation 5 1-[...]. 2 - […]. 3-If the withdrawal of the expropriation is established after the investiture of the expropriante entity in possession of the goods to expropriate, the parties can convert, by agreement, litigation in the process of reversal, as provided for in article 74 et seq., through application set to present in court. 4-the agreement required admissible, the court notifies the entity which declared public utility, to inform the record if desired by the Parties authorize the reversal, ordering, if so, their conversion.»

Article 2 Amendment to law No 168/99 of 18 September are added to law No 168/99 of 18 September, as amended by Act No. 13/2002, s of 19 February, by law No. 4/2003, of 19 February, and by law No. 67-A/2007, of December 31, articles 17-and 76- , which are replaced by the following: ' article 17-the Duty of communication 1-After the notification of the Declaration of public utility, the expropriated and the other interested parties shall notify the expropriante authority in writing of any change of his habitual residence or headquarters. 2-changing the habitual residence or seat of the expropriated and of other interested parties that has not been notified in accordance with the procedure described in the preceding paragraph, shall not constitute grounds for the repetition of any terms or representations of the expropriatório procedure.

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Article 76-1 reversal-agreement allowed to rollback, can the expropriante entity, or who subsequently acquired the domain of the building there will be, as the case may be, and the person concerned, agree on the terms, conditions and amount ofcompensation is calculated of the reversal. 2-the agreement referred to in the preceding paragraph is the way to self reversion or otherwise provided for in law, and follows mutatis mutandis the provisions of articles 36 and 37 to the expropriation, mutatis mutandis, and should contain the elements required in paragraph b) of paragraph 1 of article 44 of the Code land registry. 3-reversion agreement, concluded in conformity with the preceding paragraph constitutes title enough for all legal purposes, including registration, detaching and the land registry. 4-payment of the agreed amount of compensation of the reversal is carried out directly at expropriante or entity who purchased the domain at a later date there is about right, as the case may be. 5-the reversal must be made within 90 days from the date of notification of the authorization reversal.»

Article 3 set Standard is repealed paragraph 4 of article 23 of the code of Expropriations.

Article 4 Republication is republished in annex, which forms an integral part of this law, the code of Expropriations 7, with the current wording.

Article 5 entry into force this law shall enter into force on the day following that of its publication.

Seen and approved by the Council of Ministers of April 10 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency 8 ANNEX CODE of EXPROPRIATIONS title I General provisions article 1 admissibility of expropriations The immovable property and the inherent rights may be expropriated because of public utility included in the assignments, or purposes of the entity expropriante , a contemporary of a fair compensation in accordance with this code. Article 2 General principles Compete at expropriantes and other entities involved in the procedure and in the process expropriativos pursue the public interest, while respecting the rights and legally protected interests of expropriated and other interested parties, noting, in particular, the principles of legality, justice, equality, proportionality, impartiality and good faith. Article 3 Threshold 1-expropriation the expropriation should be limited to what is necessary for the completion of your order, and may, however, take into account the future requirements in accordance with a phased implementation programme and properly scheduled, which may not exceed the maximum limit of six years. 2-when it is necessary to expropriate only part of a building, can the owner claim total expropriation: a) If the remaining part ensure, in proportion, the same comfortable offering the entire building; b) If the comfortable provided by the remainder do not have economic interest for the expropriated, determined objectively. 9 3-the provisions of this code on expropriation total shall also apply to part of the area not covered by the Declaration of public interest for which there is any of the requirements set out in the preceding paragraph. Article 4 Expropriation by zones or sections 1-in the case of execution of municipal land use plan or equipment or infrastructure projects of public interest, may be expropriated all at once, or by zones or sections, the areas necessary for its implementation. 2-in the case of expropriation for zones or sections, the Act of Declaration of public utility must determine, in addition to the total area of this Division and the order and the time limits for commencement of acquisition, with a maximum of six years. 3-the goods covered by the second zone or throw and following are still in the property and ownership of their own to be the subject of expropriation friendly or judicial award, without prejudice to article 19-4 For the calculation of compensation in respect of buildings not included in the first area defined under paragraph 2 are satisfied the improvements necessary thereto in the period between the date of Declaration of public utility and the date of acquisition the possession by the expropriante of the respective zone or throw. 5-the Declaration of public interest referred to in this article shall expire in respect of goods whose arbitration has not been promoted by the expropriante within a year, or if the respective processes are not referred to the competent court within a period of 18 months, in both cases from the end fastened to the acquisition of their zone or throw. 6-the owner and other interested parties are entitled to be compensated for damage directly and necessarily resulting from the well have been subject to expropriation. 7-the compensation referred to in the preceding paragraph shall be determined in accordance with the provisions of this code, using, in the absence of agreement, the procedure laid down in articles 42 and following, to the extent applicable, with the necessary adaptations. 10 article 5 right to revert 1-without prejudice to paragraph 4, there is entitlement to reversion: a) If within 2 years after the date of the award, the expropriated property is not applied to order that determined the expropriation; b), however, have ceased the purposes of expropriation. 2-whenever a continuous work to determine the expropriation of property, your home anywhere in the stroke he maketh the rollback right about all expropriated property, without prejudice to the provisions of paragraph 9. 3-for the purposes of the preceding paragraph the term continuous work that it has linear and geometrical configuration which, by their nature, are capable of running phased over time, corresponding to an articulated project, global and coherent. 4-the right of reversion ceases: a) When 20 years have elapsed from the date of the award; b) when it is given to the expropriated property another destination through new declaration of public utility; c) When there is resignation of expropriated; d) When the Declaration of public utility is renewed, on the basis of serious injury to the public interest, within a period of one year from the date of verification of facts as referred to in paragraph 1 above. 5-the reversal must be requested within three years after the occurrence of the fact that originated, under penalty of forfeiture; After that deadline, the expropriated by the end of the period referred to in subparagraph (a)) of paragraph 4, the right of first refusal in the first sale of the goods. 6-the agreement between the expropriante and the entity expropriated or other interested about other destination the right expropriated or on the amount of compensation that would result from the application of paragraph 8 plays as resignation rollback rights and preference. 11 7-If the expropriante entity you wish to dispose of remaining installments, shall communicate the draft transfer to the expropriated and other interested acquaintances whose duties have ceased definitively, by letter or letter registered with acknowledgement of receipt, at least 60 days, after which, not being exercised the right of reversion or, if applicable, the right of first refusal If you understand that they resign. 8-if the new declaration of public utility or of renewal of the previous declaration, the expropriated is notified pursuant to paragraph 1 of article 35 to opt for the establishment of new compensation or by previous update under article 24, if in this case the acts committed. 9-the provisions of paragraph 2 If the works are suspended or are interrupted for a period exceeding two years, the period referred to in the previous paragraph 5 from the end of that. Article 6 allocation of public goods 1-legal persons governed by public law are entitled to be compensated in cash or in kind, as best suits the public purposes in question, the actual losses resulting from the definitive allocation of your assets in the public domain to other public benefit purposes. 2-in the absence of agreement, the amount of compensation is determined by arbitration, under the conditions laid down in this code, with the necessary adaptations. 3-becoming unnecessary allocation of goods, these are reinstated in the assets of the entities referred to in paragraph 1. Article 7 expropriation of property or rights relating to concessions and privileges 1-With the rescue of the concessions and privileges granted for the exploitation of works or utilities can be expropriated goods or related rights, being owned by the concessionaire, should continue to work or service used. 2-the transfer of possession of the expropriated property operates jointly with those who are the subject of ransom, although compensation is not fixed. 12 3-in the case referred to at the end of the preceding paragraph, the expropriante entity shall share the balance of the budget that supports the burden and renew it each year while economic justified, or proceed to the collateral in accordance with the law.


Article 8 Constitution of administrative obligations 1-Can be about real estate easements necessary for the achievement of public interest purposes. 2-easements, resulting from expropriation or not, give rise to compensation when:) Impede the use that had been given to the right, considered globally; b) Impede any use, in cases where these are not being used; or c) cancel out completely its economic value. 3-the creation of easements and the determination of compensation applies the provisions of this code with the necessary adjustments, except as provided in special legislation. Article 9 concept of interested 1-for the purposes of this code, if interested, in addition to the expropriated, holders of any right in rem or burden on the right to expropriate and tenants of rustic or urban buildings. 2-the tenant of urban building housing is only interested in this capacity when create equivalent relocation, tailored to your needs and to those who were with him to live in common economy at the date of Declaration of public utility. 3-are taken by interested the that in the land registry, in the array or in a lot of evidence that display titles listed as holders of the rights referred to in the preceding paragraphs, or, in the case of omitted or buildings there is manifest records and date entries, those that are considered public and notoriously as such. 13 title II of public utility Declaration and authorisation of possession article 10 administrative expropriation 1 resolution-the resolution to request the Declaration of public utility expropriation must be based, mentioning expressly and clearly: a) the public utility cause to pursue and the enabling standard; (b)) the goods to expropriate, owners and other interested parties known; c) prediction of the amount of charges to be borne with the expropriation; d) as provided for in territorial management tool for the expropriation and to the area of your location. 2-the plots to expropriate are identified through the mention of descriptions and entries in the registry and the matrix entries that belong, if not silent, or patchy plant containing the coordinates of the points that define the boundaries of the areas to expropriate, reported to the geodetic network, and, if there is no cadastral plan, the limits of the building, since situated less than 300 m from the boundaries of the parcel , corresponding to the scale of the geometric cadastre of property or, in the absence of this, graphically represented scale no less than 1:1000, interior areas of the urban perimeters, or 1:2000 in exteriors. 3-the owners and others interested are identified by name, company, title, habitual residence or registered office. 4-the estimate of the costs of expropriation is based on the amount that is determined in advance in evaluation, documented by report, carried out by expert from the official list, the free choice of the entity interested in expropriation. 5-the resolution referred to in the previous paragraph 1 is notified to the expropriated and the other interested parties whose address is known, by letter or letter registered with acknowledgement of receipt. 14 article 11 Acquisition through private law 1-the entity concerned, before requiring the Declaration of public utility, must strive to acquire the goods through private law, except as provided in article 15, and in situations where legal, or materially, it is not possible to purchase in this way. 2-the notification referred to in paragraph 5 of the preceding article must include proposed acquisition, by way of private law, which will take as a reference the value contained in the expert's report. 3-in the case referred to in paragraph 2 of article 9, the proposal is presented as an alternative to relocation in it laid down. 4-it is not known the owners and all others interested or being returned the cards or letters referred to in paragraph 5 of the preceding article, the existence of a proposal is publicized through notices to post in the municipality of style instead of the situation well or its greatest extent and parishes where they locate and in two numbers followed by two of the most widely read newspapers in the region , being one of the nationwide. 5-the owner and other interested parties have a period of 20 days from the receipt of the proposal, or 30 days after the last publication in the paper referred to in the preceding paragraph, to say what they offer on the proposal, and may your counterproposal refer the value that is given in the evaluation documented by report prepared by an expert of their choice. 6-refusal or failure to reply within the time limit referred to in paragraph 1 or of interest in counter check, immediately, the entity interested in expropriation College to present the application for the Declaration of public utility, in accordance with the following article, notifying you of that fact the owners and other interested parties who have responded. 7-if there is agreement, the acquisition by way of private law can take place even if the area of the parcel, or the remaining part, is lower than the culture unit. 15 article 12 referral of application 1-the application of the Declaration of public utility is shipped, as appropriate, to the Member of the Government or the President of the City Council responsible for the issue, and must be accompanied by the following documents: a) copy of the resolution referred to in paragraph 1 of article 10 and of the documentation; b) all elements relating to the phase of attempted acquisition by private law when there is place and indication of the reasons for their inêxito; c) indication of the budgetary allocation which shall bear the costs of expropriation and its share, or corresponding deposit; d) programming of work drawn up by the expropriante entity, in the case of emergency, as well as the reasons for this; and environmental impact study), when legally required. 2-If the applicant is an entity of private law, must certify that is secured the Fund necessary to the payment of compensation to which there is place. 3-the receiving agency may determine that an applicant join any other documents or the explanations necessary to understand. Article 13 Declaration of public utility 1-the Declaration of public utility must be duly substantiated and comply with the other requirements laid down in this code and other applicable legislation, regardless of the form that magazine. 2-the resulting Declaration of general law or regulation should be implemented in administrative procedure to individualize the goods to expropriate for this act as a declaration of public utility for the purposes of this decree-law. 3-Notwithstanding the provisions of paragraph 6, the Declaration of public utility shall lapse if not promoted the Constitution of arbitration within a year or if the process of expropriation is not referred to the competent court within a period of 18 months, 16 in both cases from the date of publication of the Declaration of public utility. 4-the Declaration of revocation may be required by the expropriated or by any other interested to the competent court to hear the appeal of the arbitration award or the entity which declared public utility and the decision that is made is notified to all concerned. 5-the Declaration of public utility lapsed may be renewed in duly justified cases and within one year of the expiry of the time limits laid down in paragraph 3 above. 6-Renewed the Declaration of public utility, the expropriated is notified pursuant to paragraph 1 of article 35 to opt for the establishment of new compensation or for the previous update, in accordance with article 24, if in this case the acts committed. 7-in the case of continuous work, in accordance with paragraph 3 of article 5, the sunset clause cannot be invoked after that have been initiated in any location of their stroke, unless the works are suspended or are interrupted for a period exceeding three years. Article 14 jurisdiction to the Declaration of public utility 1-except as provided in the following paragraph, it is the responsibility of the Minister whose department responsible for assessing the process: a) the Declaration of public utility expropriation of immovable property and inherent rights; (b) the Declaration of public utility) redemption, not provided for in their contracts, concessions or privileges granted for the exploitation of works or public utility services and the expropriation of property or related rights referred to in article 7 2-the competence for the Declaration of public utility of the expropriations of the initiative of the local administration agencies, for the purposes of realization of urbanization plan or detailed plan effective , is its municipal Assembly. 3-the decision of the municipal Assembly provided for in the preceding paragraph shall be taken by a majority of the members in effectiveness of functions. 17


4-the determination referred to in the preceding paragraph is communicated to the Member of Government responsible for local administration. 5-the recognition of the public interest required by enterprises and the public declaration of the expropriation of real estate necessary for the installation, expansion, reorganization or conversion of their plants or their access is the responsibility of the Minister whose department responsible for assessing the process. 6-in cases where it is not possible to determine the Department's assessment that the process or that are not covered by the preceding paragraphs shall have the Prime Minister, with the power to delegate the Minister responsible for land use planning. Article 15 urgent assignment 1-In declaring public utility Act itself, can be assigned as a matter of urgency to expropriation for public interest. 2-the urgent assignment to expropriation must be always grounded and gives to the expropriante entity ownership in expropriated property, under the conditions laid down in articles 20 et seq., in part applicable. 3-the urgent assignment expires if the construction on plot have not beginning within the time limit set in the work programme, unless duly justified reason for occurring. 4-the Declaration of revocation applies, with any necessary adaptations, the provisions of paragraph 4 of article 13 5-limitation shall not prevent the subsequent authorisation of possession, pursuant to articles 19 and following. Article 16 1 of the greatest urgency-Expropriation When the need for expropriation results from public calamity or demands of Homeland Security or national defence, the State or the public authorities by this 18 or legally competent designated can take immediate administrative goods to provide the need that determines its intervention, without any prior formality, without further due diligence , established in this code on fixing of compensation in litigation. 2-whenever possible, will be promoted ad survey perpetuate King memoriam, in accordance with article 21(2)(b), complying, with the necessary adaptations, the provisions of this article. Article 17 Publication of the Declaration of public utility 1-declarative public utility Act and its renewal are always published by extract, in the second series of the Gazette and notified to the expropriated and other interested parties known to letter or legal-under record with acknowledgement of receipt, and shall be registered in the land registry. 2-If the expropriated or others interested are unknown shall apply the provisions of paragraph 4 of article 11 3-publication of the Declaration of public utility should identify succinctly the goods subject to expropriation, with reference to the description of buildings and the inscription, mentioning the rights, burden or charges levied on them and the names of their respective holders and display order of expropriation. 4-the identification referred to in the preceding paragraph may be replaced by plant, in appropriate scale and graphically represented, allowing the establishment of necessary to readable public benefit purpose. 5-in the case of expropriation for zones or sections, the publication of the act declaring the total area to expropriate, his Division in accordance with the timelines, deadlines and the order of acquisition. 6-Are jointly published, on behalf of the requesting companies referred to in paragraph 2 of article 14, the plants of the goods covered by the Declaration of public utility, serving them promote your posting at the seat of the municipality or municipalities where those are. 7-the Declaration of public utility is also publicized by the expropriante by notice posted at the main entrance of the building, where there is. 19 article 17-the Duty of communication 1-After the notification of the Declaration of public utility, the expropriated and the other interested parties shall notify the expropriante authority in writing of any change of his habitual residence or headquarters. 2-changing the habitual residence or seat of the expropriated and of other interested parties that has not been notified in accordance with the procedure described in the preceding paragraph, shall not constitute grounds for the repetition of any terms or representations of the expropriatório procedure. Article 18 occupation of buildings 1-the Declaration of public utility expropriation gives the expropriante entity the right to occupy buildings and to carry out the work required or imposed by the implementation of these, under the conditions laid down in the approved projects or studies, or those that are defined in the entity's decision that produced that Act. 2-If the owner or other stakeholders are known, are notified in advance of the occupation by letter or craft under registration with acknowledgement of receipt, at least 15 days, and any of them require the completion of survey ad perpetuate King memoriam, which takes place in accordance with article 21 and always precedes the occupation. 3-If the owners or other interested are unknown shall apply the provisions of paragraph 4 of article 11 4-owners and other stakeholders affected by the occupation are due compensation under the general terms of law, to be determined in common process, to which it applies, with any necessary adaptations, the provisions of articles 71 and 72 of this code. Article 19 administrative Possession 1-if the entity expropriante is a legal person governed by public law or public company, nationalized or public service concessionaire or of public works, can be 20 authorized by competent authority to declare public utility expropriation taking ownership in goods to expropriate, provided that the necessary work for the implementation of the draft approved works are urgent and that Providence will become indispensable to your home immediately or to support uninterrupted. 2-the administrative ownership permit shall state expressly and clearly the reasons therefor and the deadline for the beginning of construction work on parcel expropriated, in accordance with the programme of work prepared by the expropriante. 3-the authorisation may be granted at any stage of the expropriation so far judicial award. 4-If the works have not start within the period established pursuant to paragraph 2 above, unless justification, namely for expropriante entity attributable to the delay, the expropriated and the other interested parties have the right to be compensated for the losses that should not be considered in the setting of fair compensation. Article 20 Conditions of administrative ownership 1 gross-the investiture held by administrative goods cannot achieve without that previously have been: a) Notified the acts of Declaration of public utility and administrative ownership authorization; b) carried out the sum mentioned in paragraph 4 of article 10 in banking institution of the place of domicile or headquarters of the expropriante entity, the order of the expropriated and of other interested parties, if that, and these are well known and there is no doubt about the ownership of the rights affected; c) Conducted survey ad memoriam King intended to perpetuate determine the facts likely to disappear and whose knowledge is of interest to the trial process.

2-the notification referred to in subparagraph (a)) of the preceding paragraph shall contain the place, the day and time of the Act of transfer of ownership. 21 3-the Act of transfer of ownership should take place in the building, parcel or throw expropriated. 4-If the expropriated and the other interested parties, being aware or should consider-if properly notified, did not attend the Act of transfer of ownership, this will be conferred. 5-the deposit referred to in point (b)) of paragraph 1 may be replaced by collateral provided for legally permissible anyway. 6-the prior deposit is dismissed: a) If expropriation is urgent and must be made within ten days pursuant to article 279 of the Civil Code, from the date of the appointment in the possession of the goods; b) If the expropriated and other interested parties are not known or there is doubt about the ownership of the rights affected, and must be made within 10 days from the moment you are known or is resolved the incident set in article 53-7 in the situation referred to in (a)) of the preceding paragraph, if the amount referred to in paragraph 4 of article 10 is not made within the time limit set are payable on arrears to the expropriated, which affect the amount of the deposit. 8-Assigned urgency to expropriation or authorized administrative ownership, the expropriante entity requests directly to the President of the Court of appeal of the District Court of the place of the well or its greatest extent the appointment of an expert of the official list for the survey ad perpetuate King memoriam.


9-Can be requested the appointment of two or more experts where appropriate by the extension or number of buildings to expropriate. Article 21 ad Survey perpetuate King memoriam 1-Received the communication expert appointed, the entity expropriante marks the date, time and location of the beginning of the survey ad memoriam by King to perpetuate this expert, interested acquaintances and the interim curator, by letter or letter registered with acknowledgement of receipt, to be moved in order to be received at least may 22 business days , in which will indicate if the expropriation is in whole or in part; the communication to the expert shall be accompanied by a copy of the elements referred to in subparagraphs (a)), b) and d) of paragraph 1 of article 10 and, whenever possible, an indication of the building and the matrix entry description of the buildings; the communication to the expropriated and other interested parties shall mention the banking institution, the place, date and amount of the deposit referred to in point (b)) of the previous paragraph 1 and, if applicable, that the same is at your command. 2-the expert wishing to ask excuse can do it in two days following the notification provided for in the preceding paragraph, and the expropriante entity submitting the request to the President of the Court of appeal for the purposes of eventual replacement. 3-The interested, the interim trustee and the expropriante entity can attend the survey and to formulate in writing the questions that are relevant for the expert must answer in his report. 4-ad survey self perpetuate King memoriam must contain: a) detailed description site, referring, inter alia, the existing buildings, the characteristics of these, the time of construction, the State of conservation and, whenever possible, the total built areas; b) express Mention of all elements likely to influírem in assessing the well examined, in accordance with articles 23 et seq.; c) plants, photographs or other image capture the right expropriated and the surrounding area; d) elements sent to the expert pursuant to paragraph 8 above; and) answers to questions referred to in paragraph 10 above. 5 us 15 days subsequent to the implementation of the survey ad memoriam King owes perpetuates expert deliver to the expropriante report, by applying mutatis mutandis the provisions of article 50 6-In duly justified cases, in particular by the number of surveys, the period referred to in the preceding paragraph may be extended to 30 days by the expropriante , at the request of the expert. 23 7-on receipt of the report, the expropriante entity, within five days, notify the expropriated and the other interested parties by registered letter with acknowledgement of receipt, mailing them copy of it and of its annexes, to submit complaints against your content, within five days. 8-if there are complaints, the expert shall decide within five days, in supplementary report. 9-expiry of the claim, without which this is presented, or received the supplementary report of the expert, the expropriante entity can use the building for the purposes of the expropriation, tilling the auto of ownership and starting the work, without prejudice to the provisions of the legislation applicable to the eviction dwelling houses. Article 22 Auto of ownership 1 administrative-auto of ownership must contain the following elements: a) identification of the expropriated and of other interested parties known or mention that are unknown; b) identification of the Diário da República where has been published the Declaration of public interest and urgent cases of expropriation or the order that authorized the administrative ownership; c) an indication of the times and other circumstances that may identify the inspection report, which will appear in the annex. 2-the impossibility of identifying the building through the matrix or the registration building description, auto ownership should refer to the composition, confrontations and other elements that can contribute to the physical identification of the land where the goods are expropriated. 3-within five days, the expropriante entity refers, by registered letter with acknowledgement of receipt, the expropriated and other interested known copies of auto ownership. 24


Title III of the contents of compensation article 23 Fair compensation 1-fair compensation is not intended to compensate for the benefit achieved by the expropriante, but compensate the damage to the expropriated the expropriation, corresponding to the real value and forward according to your actual destination or possible normal economic use, the date of publication of the Declaration of public utility taking into consideration the circumstances and conditions that exist on that date. 2-in the determination of the value of expropriated property cannot take into account the added value that result: a) Of own Declaration of public utility of expropriation; b) or public enterprises completed less than five years, in case you haven't been paid and capital gains charge on this measure; c) leasehold improvements voluptuárias useful additional notification to or referred to in paragraph 5 of article 10; d) feasibility information, licenses or authorizations required thereafter to administrative notification referred to in paragraph 5 of article 10 3-in setting of fair compensation are not considered any factors, circumstances or situations that are created with the purpose of increasing the value of the compensation. 4-[Repealed]. 5-Notwithstanding the provisions of paragraphs 2 and 3 of this article, the value of goods calculated in accordance with the criteria laid down in articles 26 and references following must match the actual value and the same current, in a normal market situation, and the expropriante entity and expropriated, where if you don't check request, or the Court decides ex officio , which in the assessment are met other criteria to achieve that value. 25 6-the State guarantees the payment of fair compensation, as provided for in this code. 7-the State, when the compensation, has right of recourse on the expropriante entity, and may, regardless of any formalities, to share blocking budget transfers until the value of the debt, including interest on arrears that are owed from the date of payment of compensation. Article 24 calculation of amount of compensation 1-the amount of compensation shall be calculated as at the date of Declaration of public utility, being updated to the date of the final decision of the process according to the evolution of the consumer price index, excluding housing. 2-the index referred to in the preceding paragraph is published by the National Institute of statistics in relation to the situation of the goods or their greatest extent. 3-in the cases provided for in the final part of paragraph 8 of article 5 and paragraph 6 of article 13, the amount of compensation also covers the period between the date of the judgment to fix the compensation and the date of the effective payment of the amount. Article 25-1 soil Classification for the purpose of calculating the compensation for expropriation, the soil is classified in: a) play Ground construction; b) Soil for other purposes. 2-solo is considered fit for the construction:) which offers access road and water supply network, electricity and sanitation, with appropriate characteristics to serve the buildings existing therein or building; b) which only provides part of the infrastructures referred to in the preceding paragraph, but integrates into existing urban core; c) what is meant, according to territorial management tool, to acquire the characteristics described in subparagraph (a)); 26 (d)) which, not being covered by subparagraphs (a) above, has, however, permit allotment or permit in force at the time of Declaration of public utility, since the respective process has commenced before the date of the notification referred to in paragraph 5 of article 10 3-soil for other purposes which is not in any of the situations provided for in the preceding paragraph. Article 26 the value soil fit for building 1-the value soil fit for the building is calculated by reference to the construction that it would be possible to carry out if it had not been subject to expropriation, in a normal economic exploitation, in accordance with the laws and regulations in force, in accordance with the following paragraphs and without prejudice to the provisions of paragraph 5 of article 23 2-the value soil fit for construction will be the resulting average updated arithmetic between procurement unit prices, or tax assessments to correct the values declared, carried out on the same parish and surrounding parishes in the three years between the last five, with higher annual average, for buildings with identical characteristics, taking into account the parameters laid down in territorial planning instrument, corrected by weighting the urban surroundings of the asset expropriated , in particular with regard to existing design type, a maximum percentage of 10%. 3-for the purposes set out in the preceding paragraph, the competent services of the Ministry of Finance shall provide, at the request of expropriante entity, the list of transactions and tax assessments to correct the values declared in the area and their values. 4-if not to be possible to apply the criteria laid down in paragraph 2, for lack of elements, the value soil fit for the construction is estimated on the basis of the cost of construction, under normal market conditions, in accordance with the following paragraphs. 5-in determining the cost of the building serves as a reference to amounts fixed administratively for the purposes of controlled cost housing schemes or income. 6-A normal value economically harnessing the ground fit for building 27 will correspond to a maximum of 15% of the cost of construction, duly substantiated, in particular as a function of location, environmental quality and the existing equipment in the area, without prejudice to the next paragraph. 7-the percentage fixed in accordance with the preceding paragraph may be increased within the limit of each of the following percentages, and with the variation that prove justified: the) road access, with cobblestone paving, tarmac or equivalent to the portion-1.5%; b) Walks across the street or down the block, on the side of the parcel-0.5%; c) home water supply network, with service along the plot-1%; d) sewerage network, with collector in service of plot-1.5%; and) electricity distribution network at low voltage with service along the plot-1%; f) rainwater drainage network with collectors on duty along the plot-0.5%; g) sewage treatment Station, in connection with the sewerage collectors network with service along the plot-2%; h) gas distribution Network with the plot-1%; I) telephone network along the plot-1%. 8-If the cost of construction is substantially augmented or diminished by local conditions, the special amount of increase or decrease resulting therefrom is reduced or added to the cost of the building to be considered for the purpose of determining the value of the land. 9-If the urban utilization which formed the basis for the application of the criteria laid down in paragraphs 4 to 8 constitute, arguably, an overload unaffordable to existing infrastructures, in the amount of compensation is calculated should take into account the costs incurred in respect of the strengthening of the same. 28


10-the value resulting from the application of the criteria laid down in paragraphs 4 to 9 will be subject to the application of a correction factor for the lack of effort and risk inherent in constructive activity, the maximum amount of 15% of the value of the assessment. 11-in the calculation of the value of the soil suitable for building in critical areas of recovery and urban reconversion, legally established, account shall be taken of the volume and the type of construction possible must not exceed the average of the existing buildings on the side of the street in which it is situated, between two consecutive channels. 12-Being necessary to expropriate land classified as green area for recreation or for the installation of infrastructure and public facilities for municipal land-use plan fully effective, whose acquisition is prior to its entry into force, the value of such land shall be calculated according to the average value of existing buildings or that you can build on the plots located in a surrounding area whose outer perimeter is located at 300 m from the boundary of parcel expropriated. Article 27 calculation of land value for other purposes 1-the value soil fit for other purposes will be the result of the arithmetic mean between updated unit prices of acquisitions or tax assessments to correct the values declared carried out on the same parish and surrounding parishes in the three years between the last five, with annual average highest for buildings with identical characteristics, taking into account the parameters laid down in territorial planning and instrument to your specific fitness. 2-for the purposes set out in the preceding paragraph, the competent services of the Ministry of Finance shall provide, at the request of expropriante entity, the list of transactions and tax assessments to correct the values declared in the area and their values. 3-if not to be possible to apply the criteria laid down in paragraph 1, for lack of elements, the value of the soil for other purposes shall be calculated taking into account their actual incomes or possible in the existing State at the date of Declaration of public utility, the nature of the soil and subsoil, the configuration of the terrain and the conditions of access predominant crops and the climate of the region, the fruits and other objective circumstances which could influence their calculation. 29 Article 28 calculating the value of buildings or buildings and their deployment areas and public places 1-in determining the value of buildings or constructions with economic independence serves, in particular, the following elements: a) value of the building, considering its cost updated, the location, the surrounding environment and antiquity; b) infrastructure, public transport Systems and proximity of equipment; c) level of architectural quality and comfort of existing constructions and State of conservation, in particular of floors and roofs, exterior walls, common parts, doors and Windows; d) gross area; and previous acquisitions and price) their dates; f) number of tenants and rent; g) Value of buildings nearby, the same quality; h) declarations made by taxpayers or assessments for tax purposes or other. 2-in the case of the normal economic exploitation of the area and the patio does not depend on the demolition of buildings or constructions, the just compensation corresponds to the sum of the values of the soil and the constructions, determined in accordance with this code. 3-if not, the land value, deducting the cost of demolition and evictions that would be needed to that end, corresponding to compensation to the difference, since higher than the value determined in accordance with the preceding paragraph. 30 article 29 the value partial 1-expropriations in the partial expropriation, the arbitrators or experts always calculated separately, the value and the total income of the building and of the Parties covered and not covered by the Declaration of public utility. 2-When the part not expropriated be depreciated by dividing the building or this result other losses or charges, including the reduction of the total buildable area or building fences identical to demolished or definitive, specify also, separately, the amounts of depreciation and of losses or charges accruing to the value of the expropriated portion. 3-there will be no place for evaluation of the part not expropriated, pursuant to paragraph 1, when the arbitrators or experts rightly conclude that, by extension, do not occur the circumstances referred to in subparagraphs (a) and (b))) of paragraph 2 and paragraph 3 of article 3 article 30 Compensation relating to lease 1-the lease for trade , industry or exercise of profession, or for housing in the case referred to in paragraph 2 of article 9, as well as the rural leases, are considered autonomous charges for the purpose of compensation for tenants. 2-the housing tenant forced to vacate the fire as a result of expiry of the lease resulting from expropriation can choose between a room whose characteristics, including location and income, is similar to the previous one or by compensation satisfied at once. 3-the fixing of compensation referred to in the preceding paragraph answer to the value of the fire, to the value of the improvements made by the lessee and the relationship between the rents paid by this and those on the market. 4-In compensation for the lease to commercial, industrial or exercise of profession meets the costs related to the new installation, including income differentials that the tenant will pay, and the losses resulting from the outage period, necessary for the transfer, calculated in accordance with general law 31. 5-In compensation for rural lease answer, beyond the value of pending fruits or crops destroyed, the value of the improvements that the tenant has the right and the other losses arising from the termination of the lease, calculated in accordance with law. 6-the preceding paragraphs shall also apply if the expropriation fall directly on the lease and in the case of termination of the contract of lease pursuant to articles 8 and 11 of Decree No. 139-A/79, of 24 December. Article 31 Compensation for the disruption of trade, industrial, agricultural or liberal 1-in cases where the owner of the building in it exercise any activity referred to in paragraph 4 of the preceding article, the compensation for the value of the building adds to that correspond to the damages of the inevitable cessation or interruption and transfer of this activity for a period of time objectively necessary, calculated under the same precept. 2-If the expropriation resulting damage to the farm set directly by the owner, the corresponding compensation in addition to on those losses, calculated in accordance with law. Article 32 Compensation for the expropriation of several rights of full ownership in the expropriation of several rights of full ownership, the compensation is determined in accordance with the criteria established for that property, in so far as they are applicable. TITLE IV Chapter I Expropriation expropriation process friendly article 33 32 agreement attempt before promoting the establishment of arbitration, the expropriante entity should seek to reach agreement with the expropriated and the other interested parties in accordance with the following articles. Article 34 Subject to the Agreement On friendly expropriations may form the subject of an agreement between the entity expropriante and expropriated or other interested parties: a) the amount of compensation; b) the payment of compensation or of part of it in installments, interest and term of payment thereof; (c)) the way to satisfy the supply;


d) compensation through the disposal of assets or rights in accordance with articles 67 and 69; e) expropriation total; f) ancillary Conditions. Article 35 Proposal of 1-expropriante entity within 15 days after the publication of the Declaration of public utility, the expropriante entity, via letter or letter registered with acknowledgement of receipt, the amount ofcompensation is calculated proposal to expropriated and the other interested parties whose addresses are known, as well as the interim curator. 2-the expropriated and other interested parties have a period of 15 days to respond, and can base its counterproposal in constant value of report by an expert of their choice. 3-in the absence of response or of interest to the expropriante entity in relation to the counterproposal, this starts the expropriation dispute, in accordance with articles 38 and following, notifying that the expropriated and the other interested parties who have responded. 33 4-the expropriated and the other interested parties should clarify, in writing, within 8 days from the date on which it has been notified for this purpose, the questions put to them by the expropriante. Article 36 Formalization of the agreement for deed or auto 1-the agreement between the expropriante and the other interested entity shall include: a) deed of expropriation friendly, if the entity has a private notary expropriante; b) expropriation friendly auto, celebrating before the private notary of the municipality in the place of the right expropriated or of its greatest extent, or is the Government expropriante entity, before official designated for this purpose. 2-the provisions of the above does not preclude recourse to the notary public, benefiting stakeholders of priority over the rest of the notarial service. 3-auto or the deed concluded pursuant to the preceding paragraphs, purpose of which is part of a building, in whatever area, constitutes title enough of detaching. Article 37 Contents of Scripture or the auto 1-auto or the deed will be recorded within the eight days following the date on which the agreement is communicated by the expropriante to the notary, public official or official designated in accordance with paragraph 1) of the preceding article, in accordance with the provisions of the Code of Notaries. 2-auto or deed should also include: a) the agreed compensation and method of payment; b) the date and number of the Official Gazette in which it was published the Declaration of public utility expropriation; c) the extract of the plant spread. 3-compensation agreed upon can be assigned to each of the interested or set globally. 34 4-there is no agreement between the parties concerned about the sharing of global compensation has been agreed, this is delivered to him who by all is designated or recorded on deposit in place of domicile of the expropriante entity, the order of the judge of the place of the situation of the goods or of the greatest extent of them, sharing under the code of Civil procedure. 5-except in the case of fraud or serious fault on the part of the expropriante entity, the appearance of interested strangers at the time of the celebration of Scripture or the auto just 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 done. 6-the expropriante entity shall provide to the expropriated and other interested certified copy of auto or deed of expropriation, when requested.

CHAPTER II Expropriation dispute section 1 introductory provisions article 38 1-Arbitration in the absence of agreement on the value of compensation, is this fixed by arbitration, with appeal to the ordinary courts. 2-the value of the process, for the purpose of admissibility of appeal, under the code of Civil procedure, corresponds to the higher of the following: a) decreased compensation requested in the expropriante entity or resource global increase of compensation requested in the expropriated resources and of other interested parties, referred to in the following paragraph; b) difference between the compensation values in the entity resource expropriante and the total amount of compensation requested by the expropriated and for others interested in their resources, referred to in the following paragraph. 35 3-The award always feature with merely devolutive effect to the courts for the place of the situation of the goods or their greatest extent. Article 39 1-Booking opens a process of expropriation with reference to each of the buildings covered by the Declaration of public utility. 2-When two or more properties have belonged to the same owner or group of co-owners is required the joinder of cases on which there is agreement on the amounts of damages. Article 40 1-Legitimacy Have legitimacy to intervene in case the expropriante entity, the expropriated and the other interested parties. 2-the intervention of any interested pending the process does not involve the repetition of any terms or representations. Article 41 suspension of proceedings and the appointment of interim trustee 1-the death, pending the process, any interested only implies the suspension of instance after expropriante the awarding entity reported to the property and possession, this in case there has been no appointment. 2-going on interested missing or unknown incapable, without be organized its representation, the judge, ex officio or at the request of the Prosecutor or of any interested party, appoints them interim curator, who will be the incapable, in the absence of compelling reasons to the contrary, the person whose guards are delivered. 3-in the case of the process of expropriation is not yet in court, the judge determines his immediate shipment, for the purposes of paragraph 1, for the period essential for decision of the incident. 4-interim curator intervention ceases as soon as you find the usual designated representative of the incapable or missing or become known stakeholders whose absence shall 36 the curatorship.

SECTION II processing subsection I Arbitration process article 42 1 arbitration promotion-the expropriante entity, even if it is governed by private law, promote, to you, the formation and operation of arbitration. 2-the functions of the expropriante entity referred to in the preceding paragraph are fit to judge of the judicial district where the situation of good or its greatest extent in any of the following cases: a) if it is upheld the complaint referred to in paragraph 1 of article 54;


b) if the procedure of expropriation suffer delays not attributable to the expropriated or to other interested parties which together exceed 90 days pursuant to article 279 of the Civil Code; c) If the law give the person concerned the right to request expropriation of assets; d) If the Declaration of public utility is renewed; e) in the cases provided for in articles 15 and 16; f) The cases referred to in articles 92, 93 and 94 3-subparagraphs (a) (b)), c), (d)) and e) of the preceding paragraph depends on application of the person concerned, deciding the judge after notified the opposing party to rule within 10 days. 4-if ordered the consignment or the recall process, the fixed-term judge to their gross weight, not more than 30 days, under pain of penalty up to 10 units of account, not delay justified. Article 43 37 Petitions to present in court 1-petitions referred to in paragraph 2 of article 41, paragraph 3 of the preceding article, paragraph 2 of article 51 and the final part of paragraph 2 of article 54 are presented directly at the registry of the competent court for the process of expropriation dispute. 2-the processes originating from the petition referred to in the preceding paragraph are dependence on process of expropriation; the judge to whom this is distributed will determine that those processes are referred to exclusive competence for the respective terms of the consignment. 3-The cases received under the final part of the preceding paragraph are joined to the process of expropriation. Article 44 nature of litigious processes the processes of expropriation dispute, as well as those who are dependent, have no urgency, without prejudice of the documents concerning the award of property and ownership and its notification to the persons concerned should be practiced even during judicial vacations. Article 45 1-appointment of arbitrators in arbitration involved three arbitrators appointed by the President of the Court of appeal of the situation of the buildings or their greatest extent. 2-the umpires are chosen from among the experts of the official list, and the President of the Court of appeal indicate what presiding. 3-For the purposes of the preceding paragraphs, the expropriante entity requests the appointment of arbitrators directly to the President of the Court of appeal. 4-the order of appointment of arbitrators is delivered within five days. Article 46 the designation of arbitrators 1-groups can be assigned more than one group of arbitrators where, because of the extent and number of goods to expropriate, a unique group of referees is manifestly insufficient 38 to ensure normal progress of all processes. 2-the decision provided for in the preceding paragraph is the responsibility of the President of the Court of appeal of the situation of the goods to expropriate or its greatest extent, by reasoned proposal of the expropriante entity. 3-If the official list is insufficient to establish the appropriate number of groups of arbitrators, experts included in the lists of other districts, with preference, where possible, for the lists of contiguous districts. 4-the distribution of cases by the arbitrators shall be as set out in the order of appointment and terms of geographical sequence of the parcels, which the expropriante entity must indicate in his application, without prejudice to the provisions of paragraph 2 of article 39, mutatis mutandis. Article 47 notification of appointment of arbitrators 1-within 10 days of its receipt, the expropriante entity notifies the communication of the appointment of arbitrators: a) by letter or letter registered with acknowledgement of receipt, addressed to interested that meet their residence and curator; b) By edict, with extension of eight days, the post at the main entrance of the building of the City Council of the municipality where they are located the buildings or to its greatest extent, with regard to the interested not covered by the preceding paragraph and those that it is not possible to notify under her prescribed; c) to the arbitrators, and the communication to the President be accompanied by the expropriation process or copy of this and, whenever possible, an indication of the description and registration the matrix property building. 2-the notification and notices referred to in the preceding paragraph is given to the expropriated and other interested Faculty of presentation of items in accordance with the following article. Article 48 the presentation of items within 15 days of notification can the Parties present to referee 39 President, in quadruplicate, to understand issues relevant for fixing the value of the goods the subject of expropriation. Article 49 award 1-the arbitrators ' judgment is delivered in Conference, serving as rapporteur for the President. 2-the judgment, duly substantiated, is taken by majority vote; not getting an award by unanimous or majority, such as the arithmetic average of the findings that more approaching or the intermediate report, if the differences between it and each of the other are equal. 3-the reports are joined to the judgment of the arbitrator, shall be properly justified and contain the answers to the questions with precise indication of that were the basis for the calculation of the compensation proposal, as well as the justification calculation criteria adopted and their conformity with the provisions of paragraph 4 of article 23 4-the arbitrators ' decision is delivered to the expropriante within 30 days of receipt of the communication referred to in subparagraph (c)) of paragraph 1 of article 47 or the presentation of questions. 5-In duly justified cases, in particular on account of the number of arbitrations, the period referred to in the preceding paragraph may be extended to 60 days, at the request of any of the arbitrators, directed to the expropriante. 6-the provisions of paragraph 3 of article 21 Article 50 1 Fees-the arbitrators ' fees are paid by the expropriante, upon presentation of invoice duly justified and in accordance with the code of legal costs. 2-the expenses incurred by the arbitrators shall be paid upon delivery of the respective evidence. 3-the expropriante entity is exempted from payment of fees to the arbitrators that, with justification, does not deliver the judgment in legal deadlines. 40 article 51 Consignment 1 process-the expropriante entity refers the process of expropriation to the Court of the judicial district of the State of right expropriated or its greatest extent within 30 days from the date of receipt of the award, accompanied by up-to-date descriptions and certificates of registration in force of the buildings in the land registry and the respective matrix inscriptions , or that they are missing, as well as of the deposit to the Court the amount arbitrated or, if applicable, the part where this exceeds the amount deposited in accordance with point (b)) of paragraph 1 or paragraph 5 of article 20; If not complied with the time limit set, the entity expropriante deposits, too, interest on arrears corresponding to the period of delay, calculated in accordance with paragraph 2 of article 70, and without prejudice to the provisions of articles 71 and 72 2-If the process is not referred to court within the time limit, the Court determines, at the request of any interested party, notification of expropriante entity so that the send within 10 days the deposit tab, under pain of the avocado. 3-Running the procedure before the Court, in accordance with this code, this, after delivery of the arbitrators ' report, notify the entity expropriante to proceed with the deposit of compensation within 30 days; not made the deposit within the time limit set, the compliance with the provisions of the last part of paragraph 1 above, with the necessary adaptations. 4-If the deposits referred to in the preceding paragraphs are not carried out within the time limits laid down, shall apply the provisions of paragraph 4 of article 71 5-after duly examining the case and made the deposit pursuant to the preceding paragraphs, the judge, within 10 days, awards to the expropriante property and possession, unless this If there is already, and possession orders simultaneously the notification of your order, the award and all the evidence presented by the arbitrators, to the expropriante and expropriated and other interested parties, with an indication, about these, the amount deposited and the College of appeal referred to in article 52 41


6-the award is communicated by the Court to the curator of the competent land registry for the purposes of registration record. Article 52 1 Resource-the resource of the arbitration award must be lodged within 20 days of notification effected under the final part of paragraph 5 of the preceding article, without prejudice to the provisions of the code of Civil procedure on filing of resources under, except for the deadline, it will be 20 days. 2-When there is no appeal, the judge notes, with regard to the allocation of compensation to the interested parties, the provisions of paragraphs 3 and 4 of article 37, mutatis mutandis. 3-if there is an appeal, the judge immediately assigns to the persons concerned, in accordance with the provisions of the preceding paragraph, the amount on which there is agreement, retaining, however, if necessary, the likely costs of proceedings amount in case the expropriated or other interested they decay in the resource. 4-Any of the holders of the right to compensation may request, within 10 days of notification of the decision referred to in the preceding paragraph, to be given to part of the amount on which there is agreement to compete, providing a bank guarantee or performance bond of the same amount. 5-not being exercised the right referred to in the preceding paragraph, the expropriante entity may require the replacement of the deposit guarantee compensation on which there is agreement. Article 53 questions about the ownership of rights 1 the receipt of the deposit, in accordance with the previous article, relying on the decision of inadmissibility or harmful regarding the ownership of compensation, is this decided provisionally in the process, preceding the production of proof that the judge is necessary. 2-the incident referred to in the preceding paragraph is booked for attached and should be decided within 30 days. 42 3-While has not been finally resolved the issue of ownership of credit if not carried out severance any payment that depends on no bail to be provided; the collateral provided also guarantees receipt of compensation for those who, in their action, definitely the same right is recognized. 4-the decision of the appeal incident with merely devolutive effect, which rises immediately in the attached. SUBSECTION II Complaint of irregularities article 54 1 Complaint it expropriated, the expropriante authority in cases where it is not chargeable or other interested parties may claim, within 10 days of your knowledge, against any irregularity committed during the administrative procedure, in particular in convening or on completion of the survey ad perpetuate King memoriam, as well as in the Constitution or in the operation of arbitration or in reports or judgment of referees in particular for lack of compliance with the time limits laid down in the law, offering the evidence they have for convenient and not included in the process. 2-Received the complaint, the expert or the official President, as applicable, prepares information on the timing, the fundamentals and the evidence offered, and should the process be sent by the expropriante to the judge of the judicial district of the State of goods or their greatest extent within 10 days of the lodging of the complaint, under penalty of immediate recall of the procedure by the Court through participation of the complainant, instructed with copy of complaint containing note of receipt indicating the date. 3-the judge decides on the basis of the evidence offered to understand useful to decision of the incident and the elements provided by the procedure and may request clarification or additional evidence. 4-Being the complaint dismissed, the judge sends return immediately the process of expropriation to the expropriante entity. 43 5-In order to judge upheld the complaint, the judge indicates the acts or stagecoaches must be repeated or reworked, without prejudice to the provisions of paragraph 2 of article 42-6 of decision appeal with merely devolutive effect, that rises with the final decision. SUBSECTION III request for total expropriation article 55 1-Application within the period of the action brought against the decision of arbitration can stakeholders require the total expropriation pursuant to paragraph 2 of article 3 2-the expropriante entity is notified to, within 20 days, respond to the request of expropriation. 3-the judge gives decision on the application for expropriation total, within 10 days, her fitting feature, with immediate rise separately and with merely devolutive effect. 4-Decreed the expropriation, total is the entity expropriante notified to carry out complementary deposit the amount ofcompensation is calculated, in accordance with applicable to paragraph 3 of article 51 5-While has not been finally decided the application for expropriation, the total expropriated and the other interested parties can only receive the accrued compensation corresponding through provision of a bank guarantee or performance bond of the same amount. 6-in the case referred to in this article, can purchase part of the building that is not required to order the expropriation people that enjoy legal preference in its alienation and neighbouring land owners, in this order, the second to the right of specific performance. 44 article 56 refusing the application 1-When the expropriante entity you wish to carry out works on part of the building not expropriated in order to avoid the situation envisaged in paragraph 2 of article 3, the application for expropriation law. 2-for the purposes of the preceding paragraph, the judge in the decision in that meeting of refusing the application, fixed deadlines for the beginning and the completion of the works by the expropriante. 3-If the works are not initiated within the period fixed by the judge, the Court is renewed. 4-If the works are started but are not completed within the time limit set by the judge, this, heard the expropriante entity, decides, in accordance with their status of implementation, if the instance is renewed. Article 57 Bond until he has acquired the authority of a final decision the decision on the application for expropriation, the expropriante entity can only enter in possession of part of the right whose expropriation was required by the expropriated by security.

SUBSECTION IV Appeal of arbitration article 58 Application In application of appeals the award, the applicant must expose the reasons for disagreement, provide all documents, require other evidence, including testimonial evidence, request the intervention of the Court collectively, designate your expert and comply with the provisions of article 577.º of the code of Civil procedure. Article 59 45 Admission appeal process is resource conclusion the judge to rule on their admissibility, fix the respective effect and order the notification of the other party to respond in the case of continuation. Article 60 1 Response-the response referred to in the previous article is submitted within 20 days of notification of the decision to admit the appeal; If the defendant wishes to appeal conditional upon, the response will contain also the respective application and the reasons for its disagreement, the opposing party may respond within 20 days of notification of the order to admit such a feature and enlarge the scope of expertise. 2-With the appeal or response should be offered all the documents, required the other evidence, including testimonial evidence, required the intervention of the Court and designated the expert, giving, where appropriate, to the provisions of article 577.º of the code of Civil procedure. Article 61 1-to use its Steps after the deadline for submission of the reply, follow immediately the steps the Court to use its useful to understand cause decision. 2-Between the steps to be undertaken must place assessment, which the Court presides, and shall fix the period, not exceeding 30 days, and resolve by order the points of law raised by the experts of which depends on the assessment. 3-the provisions of articles 578.º and 588.º of the code of Civil procedure. 4-it is for the applicant, and only this, even in the case of entity free of expense, the cost of carrying out the preparation for the evaluation and the judicial inspection, if this place exists. 46


5-when you perform judicial inspection, are included in the respective auto all reputed elements necessary for the decision of the cause. 6-there is no place the second assessment. 7-need clarification of who should not be called to give evidence or document in the possession of third parties, the court orders the notification thereof, for this purpose, securing adequate term; in case of failure, without justification, is applied fine to 10 units of account. Article 62 Designation and appointment of experts 1-the evaluation is carried out by five experts, in accordance with the following: a) each Party designates an expert and the remaining three are appointed by the Court from among the official list; b) If two or more stakeholders have designated different experts are notified within five days, declare what the name definitely chosen, prevailing, in the absence of agreement, the will of the majority, if this part the expropriated owner; missing valid designation of some expert back if the appointment to the Court, applying the provisions of the preceding paragraph at the end. 2-lack of attendance of any expert determines their immediate replacement, which is made freely by the Court, in accordance with the final part of subparagraph (a)) of paragraph 1. 3-the rules of recruitment of experts, their integration into the official lists and the form of publication of these listed in regulatory decree, to be published within three months from the date of publication of this code. Article 63 notification to the assessment Act 1-the parties are notified to, wanting, coming at the time of evaluation. 2-is delivered to each copy of the resources, expert answers to them and the order has been delivered in accordance with paragraph 2 of article 578.º of the code of Civil procedure. Article 64 47 Allegations 1-Completed the necessary evidence, the parties are notified to claim within 20 days. 2-the deadline for the claim of the defendant or the defendants run from the expiry of the time limit for the applicant's claim, the latter from the notification to claim. 3-Using the main title so the expropriante entity as the expropriated, alleges that in the first place. Article 65 decision deadline decisions on the capabilities of the award are made within 30 days from the end fastened to the claims of the parties. Article 66 Decision 1-the judge fixes the amount of compensation payable by the entity expropriante. 2-the judgment is notified to the parties and may her appeal with merely devolutive effect. 3-the provisions of paragraphs 2 to 4 of article 52, with any necessary adaptations, and the judge order the expropriante entity carries out the necessary deposit within 10 days. 4-the provisions of the preceding paragraphs shall also apply in the case of the process proceed in transfer. 5-without prejudice to cases in which is always admissible appeal, no appeal shall lie to the Supreme Court of Justice in the judgment of the Court of appeal that sets the value of the compensation due. 48 title V of the payment of compensation article 67 1-payment compensation for expropriation in the public interest are paid in cash, at one time, subject to the exceptions provided for in the following paragraphs.

2-in the friendly, the expropriante expropriations, the expropriated and other interested parties may agree the payment of compensation in instalments or on transfer of assets or rights as provided for in article 69 3-the provisions of the preceding paragraph shall apply to the judicial or extrajudicial transaction pending the process of expropriation. 4-are not paid any compensation without show complied with the provisions of article 29 of the code of the Council tax. 5-the agreed payment in installments is effected within the period of three years, and the amount of the tariffs vary according to the circumstances. Article 68 1-debt amounts outstanding amounts bear interest, payable annually or semi-annually, as agreed. 2-in the absence of agreement between the parties, the interest rate is the interest on arrears, in accordance with article 70 3-the amount of benefits is automatically updated in the maturing event of increase in the consumer price index, in the area concerned, with the exception of housing, published by the National Statistics Institute. Article 69 disposal of assets or rights the parties may agree that the claim is satisfied in whole or in part, through the transfer of goods 49 or expropriated or entitlements to other interested parties. Article 70 1 arrears Interest-The expropriated and other interested parties have the right to be compensated for delays attributable to the expropriante entity on the progress of the procedure or the expropriativo process or to carry out any deposit in the litigation process. 2-the interest on arrears on the final amount of compensation or the amount of deposits, as the case may be, and the respective fee is fixed in accordance with article 559.º of the Civil Code. 3-The guarantees provided and deposits made by the expropriante are responsible for payment of interest on arrears are set by the Court. Article 71 1 compensation deposit-the final decision to set the value of the compensation, the judge of the Court of first instance orders the notification of expropriante for entity, within 10 days, deposit the amounts owed and join the process discriminated, justification of the note calculations of liquidation of such amounts. 2-the Secretariat notifies the expropriated and the other interested parties the amount deposited, as well as the note referred to at the end of the preceding paragraph. 3-the expropriated and the other interested parties can raise the amounts deposited, without prejudice to their dispute pursuant to article and the provisions of paragraph 3 of article 53 4-not made the deposit within the time limit set, the judge will order the payment by virtue of the guarantees provided by the expropriante or other arrangements that may prove necessary, after which , showing up in missing amount, shall notify the Department which is in charge of the State guarantees for carrying out the missing amount, in place of the entity expropriante. Article 72 the Objection amounts deposited 1-within 30 days of the notification provided for in paragraph 2 of the preceding article, the expropriated and the other interested parties can challenge the amounts deposited, 50 specifying the amounts due and presenting and requiring all evidence. 2-Accepted the challenge, the expropriante entity is notified to respond within 10 days and to present and apply all means of evidence. 3-Produced the evidence that the judge considers necessary, is rendered decision fixing the amounts due and determining completion of supplementary deposit is due within 10 days. 4-not made the deposit within the time limit set, the judge orders the payment under the guarantees provided, or the measures that are necessary, applying the provisions of paragraph 4 of the preceding article, mutatis mutandis, as the amounts missing. 5-the payment or ensure its implementation, the judge authorizes the lifting of sums deemed excessive or restitution that there is place and determines the cancellation of securities deemed unjustified, except as provided in paragraph 3 article 53 article 73 compensation Assignment 1-the award of damages to the persons concerned in accordance with the provisions of paragraphs 3 and 4 of article 37 mutatis mutandis. 2-in the case of expropriation, after 60 days on the date laid down for the payment of any benefit or interest which must not, however, be carried out, the expropriated may apply the measures referred to in paragraph 4 of the preceding article, and should join the auto copy or write to that referred to in paragraph 6 of article 37 3-the entity expropriante is quoted to refer the case of expropriation and deposit the amounts in debt, in accordance with paragraph 1 of the preceding article, with any necessary adaptations, and may deduct embargoes within there. 51


TITLE VI of the reversal of the expropriated property article 74 1-Application the reversion referred to in article 5 is required to the entity that there is declared public utility expropriation or succeeded in its jurisdiction. 2 the right of reversion can be usefully pursued in conjunction with another or others, the applicant can request the reversal of judicial notice, within 60 days of the notification, request the reversal of the respective goods, pursuant to paragraph 1, under pain of not doing any or some of them, the reversal of them operate in favour of the request. 3-the application for expropriation total, in accordance with paragraph 2 of article 3 is without prejudice to the reversal of the entire building. 4-if not notified of favourable decision within 90 days from the date of the request, the interested party may enforce the right of reversion within one year through administrative action common to propose at the Administrative Court of circle of the building or of its greatest extent. 5-The action envisaged in the preceding paragraph, is the application of aggregate award, accompanied by the documents referred to in article 77, the Court enjoys following the procedures of articles 78 and 79, in the case of recognizing the right of reversion. Article 75 and viewership of other interested 1-within 10 days of receipt of the request for rollback, the authority competent to decide orders the notification of expropriante entity and of the holders of rights in rem over the building to reverse or about his detached buildings, whose addresses are known, in order to decide on the application within 15 days. 2-the expropriante entity, within the time limit of your answer, reference the expropriation process to the authority competent to decide the application for reversal or indicates the 52 Court in which the same is pending or filed. 3-in the case referred to at the end of the preceding paragraph, the competent authority asks the Court to decide the case by the end of the deadline for the decision. 4-If the facts alleged by the applicant for the reversal are not challenged by the expropriante, it is presumed, subject to proof to the contrary, that are true. Article 76 of the decision 1-Advertising the decision on the request for rollback is notified to the applicant, to the expropriante and to interested parties whose address is known. 2-the decision is published by extract in the second series of the Diário da República. Article 76-1 reversal-agreement allowed to rollback, can the expropriante entity, or who subsequently acquired the domain of the building there will be, as the case may be, and the person concerned, agree on the terms, conditions and amount ofcompensation is calculated of the reversal. 2-the agreement referred to in the preceding paragraph is the way to self reversion or otherwise provided for in law, and follows mutatis mutandis the provisions of articles 36 and 37 to the expropriation, mutatis mutandis, and should contain the elements required in paragraph b) of paragraph 1 of article 44 of the Code land registry. 3-reversion agreement, concluded in conformity with the preceding paragraph constitutes title enough for all legal purposes, including registration, detaching and the land registry. 4-payment of the agreed amount of compensation of the reversal is carried out directly at expropriante or entity who purchased the domain at a later date there is about right, as the case may be. 5-the reversal must be made within 90 days from the date of notification of the authorization of the reversal. 53 article 77 request for award 1-Not intending to appeal to the agreement provided for in the preceding article, or failing that, the person deducts, within 120 days from the date of notification of the authorisation before the Administrative Court of circle of the building or of its greatest extent, the application for adjudication, instructing his claim with the following documents : the Notification of authorization reversal); b) certificate, passed by the land registry, the description of the building of the inscriptions in force, including those of the burdens on it is held and existing on the date of the award of the building to the expropriante or that it is silent; (c) the Registration Certificate) and book value of matrix building or that it is silent; d) Indication of compensation and its form of payment; e) if applicable, estimate, based on the report drawn up by expert from the official list of your choice, the value of the improvements and deterioration referred to in the following article. 2-in the case of paragraph 2 of article 74, shall be deducted by the various interested parties, when necessary, may indicate the agreement on how the award shall be made, without prejudice to the provisions of paragraph 3 of the next article. Article 78 1 expropriante-resisting expropriante or entity who subsequently acquired the domain of building there is is cited for the terms of the process, and can deduce opposition within 20 days as to the amounts of compensation indicated under d) of paragraph 1 of the preceding article and the estimate referred to in point (e)) of the same paragraph. 2-in the absence of agreement of the parties, the amount of the refund shall be fixed by the judge, preceding the diligence that is required to use its, among which 54 must place the assessment, pursuant to the resource in the process of expropriation, except as regards the second evaluation, which is always possible. 3-Determined, with traffic, the value referred to in the preceding paragraph, the judge, in the absence of agreement mentioned in paragraph 2 of the preceding article, determines bidding among applicants. Article 79 1 Award-Made deposits or refunds to which there is place, the judge awards the building concerned or interested, with the onus or burden existing at the date of Declaration of public utility expropriation and that there are no expired definitively, it must be specifically indicated. 2-deposits are raised by the expropriante or by who later acquired mastery over the there is well, as applicable. 3-the award is communicated by the Court to the curator of the competent land registry for the purposes of registration record.

TITLE VII of the request Article 80 real estate 1-request In case of urgent need and where the public interest so warrants and national, can be ordered real estate and inherent rights, including commercial or industrial establishments, objects of property of private entities, to carry out activities of public interest, manifest appropriate to the nature of those, being observed the guarantees of individuals and ensured the payment of fair compensation. 2-except as provided in law, the requisition, interpolated or subsequent, the same property may not exceed the period of one year, calculated in accordance with article 279 of the Civil Code. 55 article 81 Use of buildings ordered 1-In exceptional cases, duly justified request, the requested real estate may be subject to use by public or private institutions of public interest. 2-for the purposes of this decree-law shall be deemed to be private institutions of public interest, the public administration, the mere public utility and social solidarity. Article 82 of Act 1 request-the request depends on prior recognition of their need for resolution of the Council of Ministers, in particular as regards verification of the urgency and the public interest and the national base, observed the principles of appropriateness, indispensability and proportionality. 2-the request is determined by order of the Member of Government responsible for the area, of its own motion or at the request of one of the entities referred to in the previous article. 3-the gatehouse that determine the request shall include the relevant subject, the beginning and the end of use, the minimum amount, term and entity responsible for the payment of compensation, as well as the indication of the entity receiving the request, without prejudice to the provisions of paragraph 4 of article 85


4-the requisition Ordinance is published in the second series of the Gazette and notified to the owner may reclaim within 15 working days from the date of the notification or publication. Article 83 the request request request request the entities referred to in article 81 is preceded by a request to the Minister responsible for the sector, which will contain the following elements: 56 a) identification of the applicant; b) nature and justification the importance of the activities to proceed; c) Indispensability of the request; d) documentary evidence of the steps taken with a view to prior agreement with the owner about the use of the property, with indication of the amount of fair compensation offered and the reasons of their inêxito; and necessary duration) request; f) Forecast the burden to support running the measure requested; g) entity responsible for payment of the compensation due for the request; h) form of payment of compensation; I) documentary proof of regularized their situation concerning its tax and social security contributions. Article 84 1 Compensation-the real estate request gives the requested the right to receive a fair compensation. 2-the fair compensation is not intended to compensate for the benefit achieved by the requester, but compensate the damage to the requested the request. 3-the compensation corresponds to a fair compensation, taking into account the period of requisition, the capital employed for construction or acquisition and maintenance of the goods ordered and your normal income, depreciation derived from its use, as well as the average profit the particular stop notice by virtue of requisitioning. 4-compensation is fixed:) By express agreement between the recipient of the request and the owner, in accordance with articles 33 and following, mutatis mutandis; b) in the absence of agreement, by the Minister responsible for the sector, on a proposal of the service with assignments in the area; c) If the owner does not comply with the amount fixed pursuant to the preceding paragraph, by common courts, pursuant to the Appeal Board 57 in process of expropriation dispute, except as regards the second evaluation, which is always possible. 5-the compensation referred to in the preceding paragraph is without prejudice to those that there is place under the provisions of paragraph 2 of the next article. 6-the payment of compensation takes place at least 60 days after the publication of the Act of solicitation. Article 85 1-beneficiary's obligations Are obligations of the entity receiving the request: a) Pay the financial costs arising from the request in the specified period; b) Ensure the burden of carrying out the activity; c) do not use the property to order other than constant requisition; d) Warn the owner, where it has knowledge of addiction on the property; and set-aside) proceed all the improvements or materials for her have been placed on the property; f) Return the property, at the end of the request, in the State it was. 2-the entity who operated the request is responsible for any damage caused in the property requested for the duration of the request, unless such damage results in fact attributable to the owner of the addiction thing or of unforeseeable circumstances or force majeure. 3-When the applicant for particular public institution, must present evidence to find secured, in accordance with the law, the essential background for the payment of compensation to which there is place. 4-in the case of public authority, the request must indicate the Ordinance budget line that will support the payment of compensation to any place and their blocking. 5-the claim is presumed to have been rejected if within 15 days is not rendered decision. 6-public service with assignments in the area, during the examination of the application, it should browse 58 mediate the interests concerned, and, in any case, carry out the prior hearing of the owners of the properties required. 7-in the case referred to in the previous paragraph 2 applies the provisions of paragraph 4 of article 84, mutatis mutandis. Article 86 1 owner's rights and responsibilities-are rights of the owner of the property the subject of request: the) Use, with its workers and users in General, during the period of time that last request, the property, keeping in this normal activity, as long as they don't show incompatible, affect, impede or, for any event disturb the preparation and carrying out of the activity to ensure; b) Receive compensation that is entitled, pursuant to this law. 2-duties of the owner of the property subject to the request entity who operate the requisition the property requested and not to disturb the enjoyment of this within the limits of the request. Article 87 of the Act of litigation Resource request appeal to the administrative courts, in accordance with the law.

TITLE VIII final provisions article 88 Cancellation of expropriation 1-in the public interest expropriation is permissible to the expropriante give up wholly or partly of expropriation while is not invested in the property of the goods to expropriate. 2-In case of cancellation, the expropriated and other interested parties are compensated under the general terms of law, whereas, to this end, initiated the expropriation from the publication in the Gazette of the declarative public utility Act. 59 3-If the withdrawal of the expropriation is established after the investiture of the expropriante entity in possession of the goods to expropriate, the parties can convert, by agreement, litigation in the process of reversal, as provided for in article 74 et seq., through application set to present in court. 4-the agreement required admissible, the court notifies the entity which declared public utility, to inform the record if desired by the Parties authorize the reversal, ordering, if so, their conversion. Article 89 list of experts pending published the lists referred to in paragraph 3 of article 62 of this code, shall remain in force provisionally current. Article 90 autonomous regions 1-in the autonomous regions of the Azores and Madeira the Declaration of public utility expropriation of property belonging to individuals or local authorities is the responsibility of the Regional Government and the form of resolution to be published in the Official Gazette of the region. 2-the Declaration of public utility expropriation of goods belonging to the central administration and of the necessary for the initiative of the State or dependent services of the Government of the Republic is the responsibility of the Minister of the Republic, being published in the second series of the Diário da República. Article 91 Expropriation of movable 1-in cases where the law authorizes the expropriation of movable materials, in particular in article 16 of law No 13/85, of 6 July, there may be administrative ownership place immediately after ad survey perpetuate King without any dependency memoriam another formality, following, in particular as regards the fixing and payment of fair compensation , processing the expropriation processes of dispute, by applying the provisions of paragraph 5 of article 20, with the necessary adaptations.

60 2-the expropriante entity requests the President of the Court of appeal of the place of domicile of the expropriated the appointment of an expert with adequate training, to carry out the survey ad memoriam King and may perpetuate suggest names for this purpose. 3-the referees and the expert are freely designated by the President of the Court of appeal in the place of the situation of the goods at the time of Declaration of public utility among individuals with appropriate expertise. 4-the designation of an expert involves the authorization for this enter the place where the goods are, accompanied by representatives of the expropriante entity, in order to carry out the survey ad perpetuate King memoriam, if necessary with the assistance of the police force. 5-the auto ad survey perpetuate King memoriam describes the well with the necessary thoroughness. 6-the expropriante entity may resort to the use of force to take possession of the goods. 7-jurisdiction to hear the appeal of the Arbitration Court of the District of the place of residence or seat of the expropriated. Article 92 subsidiary Application of the process of expropriation 1-where the law send apply the expropriation process to determine the value of a good, in particular in the case of non-acceptance of the price agreed according to the scheme of the legal right of pre-emption applies, with any necessary adaptations, the provisions of articles 42 and following of this code without precedence of public utility Declaration for as such, for the purposes of counting deadlines, the application referred to in paragraph 3 of article 42


2-except in the case of the exercise of a legal right of pre-emption if find associated with the existence of preventive measures, legally established, the non-acceptance of the price agreed is only possible when the value of the land, according to preliminary assessment carried out by an expert of the official list, free choice of the preferred is lower than that in at least 20%. 61 3-either party can walk away from this projected business; the notification of withdrawal to the law he maketh preferred. 4-Can also give up your preferred right, by giving notice to the parties of the business designed. Article 93 areas of urban development and construction priority priority 1-the assets of participants who refuse to grant any act or contract as provided for in the legal framework of urban development priority areas or priority construction, or in their instruments, regulators are expropriated on the basis of public utility and integrated operation in the municipality. 2-the expropriation follows the terms provided for in this code with the following modifications: a) is dismissed the Declaration of public utility, as such, for the purposes of counting deadlines, the application referred to in paragraph 3 of article 42; b) compensation is calculated with reference to the date on which the expropriated has been convened to decide on the acceptance of the operation.

Article 94 Expropriation for urban composition 1-The expropriations provided for in paragraphs 1 and 5 of article 48 of Decree-Law No. 794/76, of 5 November, follow the terms provided for in this code, with the following modifications: a) is dismissed the Declaration of public utility, as such, for the purposes of counting deadlines, the application referred to in paragraph 3 of article 42; b) compensation is calculated with reference to the date on which the expropriated has been notified pursuant to paragraph 1 of article 48 of Decree-Law No. 794/76; c) land and urban property expropriated may be disposed of, in accordance with the law, to achieve the purpose pursued by paragraphs 1 and 5 of article 48 of the 62 Decree-Law No. 794/76, without right to rollback nor the exercise of preference; d) deposits in litigious process shall be made by virtue of the revenue from the operation, being updated in accordance with the provisions of paragraphs 1 to 3 of article 24 2-for the purposes of point (d)) of the preceding paragraph shall inform the Court expropriante the organisation of the planned dates and the actual receipt of income. Article 95 areas with unlicensed constructions in the expropriation of land by the owner are wholly or partly engaged in unlicensed constructions, whose residents must be homeless or relocated by the central or local administration, the land value vacated is calculated in general terms, but less estimated cost of demolitions and evictions necessary for this purpose.

Article 96 Expropriation required by the owner in cases where, as a result of special provision, the owner has the right to request expropriation of assets, the Declaration of public utility, as such, for the purposes of counting deadlines, the application referred to in paragraph 3 of article 42 Article 97 duty the expropriante entity is obliged to communicate to the competent tax office and the National Institute of statistics the value assigned to the properties in the auto or on the deed of expropriation friendly or in final decision of the litigious process. Article 98 legal deadlines do not count 1-non-judicial deadlines set out in this code include, unless special provision, under articles 72 and 73 63 Administrative Procedure Code, regardless of the nature of the entity expropriante. 2-The legal time limits laid down in this code are in accordance with the provisions of the code of Civil procedure.