To Cause Of Public Utilities'

Original Language Title: Per Causa Di Pubblica Utilita'

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Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17009305.html

LAW ON expropriations FOR CAUSE OF PUBLIC UTILITY 'May 24, 1913 TITLE I. General Provisions. CHAPTER I. Of the acts which must precede the declaration of public utility. 5 Art. 1. - The expropriation of immovable property or rights relating to property for the execution of public works utility can only take place in compliance with the forms established by this law. 5 Art. 2. - They are works of public utility, for the purposes of this Act, those that are expressly declared to be so Great and General Council Decree. They may be declared of public utility not only the works that you must perform on behalf of the Government in the public interest, but also those for the same purpose undertake moral bodies, private companies or particular individuals. 5 Art. 3. - Any application for the declaration of public utility must be directed to the Great and General Council and be accompanied by a summary report, which reveals the nature and purpose of the works to be carried out, spending r anointed, the means of execution, and the period within which will be finished. that application must also be accompanied by a plan containing the description of all the works and the designation of buildings which they must occupy. 5 Art. 4. - The application referred to in the preceding article must report to the Home Secretary, who, with his decree, order that the existence of the application is, in the instant expenses, gave notice to the public. The notice will be published in the usual places, and also in every parish where there are assets from espropriarsi. For ten days at least, to be computed from the date of the above publications, the Report and the Plan mentioned in the previous article, shall remain deposited with the Secretary of the Interior or in the Technical Government. The place, time and purpose of the deposit must be indicated in suaccennato. 5 Art. 5. - During the period established in the preceding article, anyone can take note of the Report and the Plan and do, in writing, its comments to the Great and General Council. The sponsoring institution the declaration of public utility can, in turn, have knowledge of the comments and present observations in reply within five days after the deadline referred to in Article. 4. 5 Art. 6. - The engineers, architects and surveyors in charge of the project training, will be able to enter the private property and proceed to the planimetric operations and other preparatory work for duration of assignment received, provided they are accompanied by a decree of Congress State, and it shall be given one day prior notice to the owners. The Decree must contain the names of persons who are allowed the right to intrude on private property, and may determine the time and manner in which such right shall be exercised. The notice to the owners will be given by the above mentioned persons as it best believe. Those who engage in these operations will be obliged to pay damages to proprietar; in the absence of agreement on the progress it decides irrevocably the Regency in economic acts. If necessary, to temporarily occupy the funds for r quests or preparations will proceed in accordance with Chapter I. Title II. (Article 38 and segg.ti). 5 Art. 7. - Those who opposed the operations of the engineers, architects or experts in the cases provided in the preceding article, or who took away the stakes, the stakes, or other signs that they had been fixtures may do tracking plans, incur a fine or a fine extendable to three hundred pounds unless major penalties established by the Penal Code in case of major crime. This offense will be judged in accordance with art. 174 Cod. Proc. Criminal No. 2. CHAPTER II. The declaration of public utility. 5 Art. 8. - When the time limits set out in Articles 4 and 5, with the demand and documents related with the opinion of the State Congress is returned to the Great and General Council which will give or not subordinating the public utility declaration, if necessary , as those terms or conditions as it deems appropriate. 5 Art. 9. - The observance of the provisions of art. 3, 4 and 5 is not bbligatoria when the declaration of public interest concerns works to be performed on behalf of the Government. In this case, the Great and General Council on the proposal of the Congress of State may, certainly, issue the decree declaring the public utility and replace, at an appropriate time, the approval of the Report and the Plan when they were not always at the same time in such a proposal presented. The plan of the works to be performed will however remain visible along with the list referred to in Article. 10. Chapter III.
Allowance and how to determine it. 5 Art. 10. - The one who promoted and obtained the declaration of public utility has to fill out and deposit in the Secretariat of the Interior a list in which the response to the summary description of the goods to espropriarsi and the name and surname of the owners the price you indicated that it provides for their expropriation. In case of uncertainty about the true owner you will have to stay to cadastral information. The said list will be filed and made public in time and in the manner established by Article 4 of this Act. 5 Art. 11. - The sponsoring institution expropriation must, either before or during or after the stipulated time, groped to establish amicably with individual owners the amount of compensation. Purpose will be formed a brief verbal RESULT from which the maximum and minimum sum offered by the expropriating claim dall'espropriando. The minutes will be drawn to the presence of two witnesses and signed by them or crocesegnato together with stakeholders. If the expropriating waste f rmare or crocesegnare note of what you give. 5 Art. 12. - The compensation offer acceptance as art. 10, must be expressed, and result from written statement or report issued as art. 11: in no case can be assumed. 5 Art. 13. - The allowance is accepted or agreed directly from those who have the ownership of the funds that are subject to expropriation. When it comes to annual lease assets, the allowance will be accepted or agreed by enfiteuti which are found in possession of the fund. The usufruttuar, the conductors, the settlers, the direct owners and others that it was up some right over these buildings, are made free by the ow, or may bring their own reasons as indicated by art. 33, 34, 35, 36. 5 Art. 14. - All agreements concluded about the benefits of expropriating and owners from espropriarsi before the decree declaring the public utility, and in the case of Art. 9 prior to approval of the plan, it is considered dependent on the condition that the decree is issued, and that the plan is approved. 5 Art. 15. - After expiry of the term under clause. 10 all the statements and all the records that relate to the allowances shall be transmitted to the Secretary of the Interior. 5 Art. 16. - The Congress of State may, of course, authorize the employment of such funds pei was accepted amicably or fixed compensation if it appears that the sums involved are found in paid-Governmental Fund. The Great and General Council, notwithstanding art. 35, authorize the allowance immediate payment in full or in part expropriated when they administer, to protect third parties, appropriate guaranty. 5 Art. 17. - The Secretary of the Interior as soon as he formed the list of owners who do not concluded any amicable agreement, will send it, together with the Plan and the other documents, the Law Commissioner. 5 Art. 18. - The Law Commissioner as 'soon appoint, by a simple decree and without the need for the quote of the parties, one or more' experts with assignment to the same proceeding to the price of goods from espropriarsi. With the same Decree fixed to the experts the term within which to issue their report. 5 Art. 19. - No objection to the decree of appointment of the experts may prevent or halt operations. 5 Art. 20 - It is not necessary that the parties should be referred to intervene to expertise. Edited however experts and half of the Court sliders, each owner must be notified of the day when they will proceed to the estimate. The notice must be made at least six days before proceeding to the estimate itself. The owner may, either directly or through a technical person, to point out to the expert and detect those circumstances you deem necessary. 5 Art. 21. - The legal costs for the appointment of experts and qu lle appraisal shall be borne dell'espropriante. Shall be borne solely expropriated when estimating manages less than the amount that was offered by the expropriating of verbal art. 11. In the event that the difference between the price of expertise and the price offered is not greater than a sixth, the costs will be divided between the expropriation and the dispossessed in the proportion that will be established by the Law Commissioner. 5 Art. 22. - In cases of total employment, the compensation due expropriated will be to the right price in the opinion of the experts the property would have had in ua free negotiation of purchase and sale. The susceptibility of enhancements that relate to future and uncertain contingencies can not be required to calculate. 5 Art. 23. - In the cases of partial employment, the allowance is the difference between the right price
He would have the property back employment, and the right price that will have the remaining part of it after the occupation. 5 Art. 24. - If the execution of the public work derives a special and immediate benefit to the fund not expropriated, this advantage must be properly calculated, yet so that the compensation due to the owner is not less than half of one which he would be entitled under Article. previous. 5 Art. 25. - they can not be computed in the calculation of the inden ity buildings, plantations and improvements, when, considering the time they were made, and other circumstances, appears to have done in order to achieve greater inden ity , subject to the right to the owner to remove at his expense the materials and everything else that can be removed without affecting the work of public utility to be executed. Shall be considered as in order to achieve greater benefits without the test appropriate to, the buildings, plantations and improvements, which, after the publication of the plan, have been taken on the funds in it scored between those from espropriarsi. 5 Art. 26. - If the fund is long lease, should be considered as free. The expropriation is not required to intervene in disputes that may arise between the direct owner or leaseholder, nor to bear expenditure increase pel allocation of allowances between one and the other. 5 Art. 27. - It should not be rise to any compensation for the servants' that can be stored and transferred without grave inconvenience of the dominant estate or serviente. In this case are reimbursed for the expenses necessary for the translation of servitude ', save to those who promote the expropriation of the right to execute them himself. The above-mentioned works and expenses must be indicated in the report. 5 Art. 28. - It is an allowance due to proprietar of funds, such as the execution of the work of public benefit are to suffer permanent damage resulting from the loss or reduction of a right. Deprivation of a profit, which the Nos owner was entitled to, can never be obliged to calculate in determining the allowance. CHAPTER V. SECTION I. expropriation decree pronouncing the expropriation of assets: its effects compared to the dispossessed owner. 41; 15 Art. 29. - The expert reports must, within the prescribed time or properly extended, be filed in the Clerk of the Court, which will forward them, after validation of expenditure by the Law Commissioner, the Interior Secretariat. 41; 15 Art. 30. - The Congress of State, received the rites of p relations, order all'espropriante depositing cashier Governmental sums deriving from the expertise, and, in the case of work to be executed on behalf of the Government, order the aforementioned case to hold peritate sums ready. Once the deposit or issuing the order above, the Congress of State will issue expropriation decree authorizing the occupation of property. The Great and General Council may, in accordance with art. 16, to authorize the immediate payment of the compensation in whole or in part. 41; 15 Art. 31. - The ownership of the property subject to expropriation in the public utility passes nell'espropriante the date of the Decree of the State Congress who pronounces the expropriation. 41; 15 Art. 32. - The decree of Congress in art. 30 will be made to notify by means of the sliders of the Court proprietar expropriated. Each of them, in the twenty days after said notification, may propose forward the competent judicial authorities of its instances against the estimates made by the experts and against taxation of costs. After this period it is proposed that no appeal before the courts against the estimate, the benefits you will have definitely settled in the sum determined by an appraisal. If there has been reference to the Court, it decorr Ra after twenty days mentioned above, another period of ten days within which you perform on property expropriated those disputes of fact or expert that the dispossessed owner will be required in the instance and - without prejudice to any and all rights and without any prejudice to the parties - will have to be accepted by the competent judge with a simple decree. It also spent ten days the expropriation decree will definitely executable. SECTION II. Effects of the expropriation with regard to third; Payment of the fee. 42; 15 Art. 33. - The actions claim, usufruct, mortgage, of direct rule. and any other actions available on substrates subject to expropriation, p ca n resist not stop the course of it, nor prevent the effects. Pronounced the expropriation all the aforementioned rights can be honored no more 'on the bottom
expropriated, but that is up fine. 42; 15 Art. 34. - The Decree of the State Congress authorizing the immediate occupation of the funds under Article. 16, and the one who speaks the expropriation in the case provided by art. 30, will be transcribed, by the expropriation, the office of mortgages and will be done in perfecting the appropriate land registry or census books. 42; 15 Art. 35. - An extract of the decrees mentioned in the previous article will be published in the usual places and parishes where are located the expropriated assets. The creditors, who are entitled, will subrogate the debtor dispossessed them and propose appeal against the estimate in term and in the manner indicated in art. 32. Those who have reasons to be experienced on compensation may be relied upon within thirty days of publication. If the hour that period no opposition stat is notified, or if among all the stakeholders established Siasi agree how to distribute the benefits, the Great and General Council, after hearing the opinion of the State Congress, authorizes the payment of the sum deposited to the owner expropriated or to those entitled. 42; 15 Art. 36. - Existing real constraints on the bottom expropriated or opposition to the payment or by not parties agreed on how to distribute the allowances must provide themselves, the instance of the most 'diligent, by the competent court at the end of the ggi civilians. TITLE II. Special provisions. CHAPTER I. Of the temporary occupations. 5 Art. 37. - The promoventi the declared by public utility or whoever they may temporarily occupy the private property to extract stones, gravel, sand, soil or sod, to make you d store materials, to establish warehouses and workshops, perraticarvi interim steps, to open channels of diversion of water or for other uses necessary to the execution of the work itself. To extract stones, gravel, sand, earth or clods nn will deal with land enclosed by the wall. 5 Art. 38. - The application must be directed to the Great and General Council coll'indicazione the expected length of employment and compensation offered. This question has to be communicated by means of the sliders to the owners concerned, with the invitation to do within five days of their comments, and to declare if they accept the offer bonuses with espresa warning that in the event of silence it will be deemed accepted. 5 Art. 39. - In case of refusal to offer compensation or opposition to the occupation, the Great and General Council if he believes to accept the application dell'espropriante or whoever it appoints - directly or by means of the authority delegated for such purpose - an expert to fix the compensation due and meanwhile determines the duration of employment. The expert within the time deposits in ia Dungeons Interior his report after having just sworn in ways in Clerk of the Court. If the temporary employment must occur for public utility works to be carried out in the interest of the Government, the Congress of State can provide directly under this article. 5 Art. 40. - Each landowner will be to deal in the most 'appropriate to warn of the moment in which we will proceed to the appraisal. 5 Art. 41. - The expert will expose the state where the property is located to deal. The compensation must be determined, having regard t the loss of the fruits, the decline in the value of the fund, to the duration of employment, et nuto account all the other evaluable circumstances. 5 Art. 42. - The Congress of State view expertise will order the payment of specified amount by the expert, and authorize the temporary occupation. Against the estimate made by the expert shall not be any complaint. 5 Art. 43. - However, if the expropriating or whoever it had r ed to the bottom damage is not expected by the expert in determining compensation, it is always subject to the owner the right to receive a premium of Indemnity. CHAPTER II. Occupations in cases of force majeure and urgency. 5 Art. 44. - In cases of rupture of levees, the reversals of bridges to water surge, and in all other cases of force majeure and of extreme urgency the Regency, also under Article. 549 Cod. Criminal, may order, subject to the completion of the state consistency of the funds to deal with the immediate temporary occupation of real property occorressero to carry out necessary works. 5 Art. 45. - The Regency with the decree authorizing employment or a subsequent decree provisionally determines the compensation to be paid to the owners, and if it is accepted, Come quickly satisfied. If the same is not accepted it will be determined by an arbitrator appointed by agreement between the parties and in default by the Law Commissioner.
TITLE III. Final and transitional provisions. Art. 48. - The expenses necessary for the acts and formalities laid down in this Act, except as otherwise provided therein, shall be borne by esproprianti. Should the government is expropriating the same will be exempt from any stamp duty and registration fee, determined by a court victory, they will have to be reimbursed by the losing party. Art. 47. - All provisions or practices contrary to this law are repealed meaning also repealed the law adopted by decrees 14:28 of January, 1913. Art. 48. - This Act shall come into force immediately after its legal publication.