Discipline Expropriation And Occupation Of Properties For Public Utilities

Original Language Title: Disciplina Dell'espropriazione Ed Occupazione Di Immobili Per Pubblica Utilita

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LAW November 13, 1991 141 (published November 27, 1991)
Discipline expropriation and occupation of im obile for public use

We the Captains Regent of the Most Serene Republic of San Marino Promulgate and
to publish the following law approved by the Great and General Council
its meeting of 13 November 1991. TITLE I


GENERAL PRINCIPLES ART. 1
The expropriation of immovable property and rights to real estate is only permitted for
public purposes only in cases provided by law, and is governed by the following rules.
For the same principles underlying the temporary occupation which, if ordinary, can not be
imposed for a period of time greater than six years, and if having urgency referred to in Title V
, it can not be arranged for a period exceeding 2 years.
ART. 2
At the end of expropriation and temporary occupation, the establishment of the areas to be allocated
the construction of venues for the execution and neck action works or public facilities,
competes to the Great and General Council when the General Plan and its variants. Entitled
promoting the expropriation and temporary occupation of property and rights
relating to property are the State, public and private institutions.
It is entitled for temporary employment expropriation procedures forecasting work
utilities or equipment to be realized, indicated under the Plan General
and provided for detailed plans or Long Term Implementation Plans .
ART. 3
The public work or equipment utility derives from detailed plan or by
approved project, and it is expressly declared by the Great and General Council on a proposal
of the Planning Commission.
It applies to the declaration of public interest as provided by the last paragraph of art.
10 of Law 28 June 1989 n.

68. TITLE II EXPROPRIATION PROCEDURES AND TEMPORARY EMPLOYMENT ORDINARY
ART. 4
Who will promote the process of expropriation or temporary occupation ordinary
must submit application for a declaration of public utility work or equipment
realize, accompanied by an explanatory report, a plan that
individuals immovable property or rights to be expropriated or occupied, and from the list of those who are registered as owners in the public
existing Land Registry, as well as employment time so this must continue
.
The question thus accompanied should be addressed to the Planning Commission and filed
at the Planning Office of the Department of Natural Resources.
The Planning Office communicates by registered conavviso reception to those who are
land registry owners of the property to be expropriated or occupy, the deposit referred to in paragraphs
and shall inform the public through notice to be posted valvas palatii and in the Houses of Castles in
which there are assets to be expropriated or occupy.
The owners of the goods and anyone with an interest have 30 days from receipt of the registered
or from the publication referred to in the preceding paragraph, to present their
written comments on the employment expropriation .
Once the deadline referred to above, a copy of any written comments must be submitted within 10 days
by the Urban Planning Commission, which in the next 10 days, resolves
about the legitimacy of the comments or on 'eligibility for the procedure.
The Planning Commission, if declared valid, it forwards the case to the
Great and General Council for the declaration of public utility d in the following article.
Following the declaration of public utility, the Chairman of the Planning Commission is
must send all documentation to the Commission referred to the following paragraph for
determining compensation for expropriation or occupation.
The Commission for determining compensation it is made by the Technical Office of Cadastre
Director who presides, from the Office Manager City Planning and the Office Manager
Register and Mortgages and the Manager of 'Agricultural and Forestry Office.
The Commission referred to in the preceding paragraph, within 30 days of receipt of documents, after hearing the
parties involved or their representatives, determines the appropriateness of inde expropriation or employment according to the criteria set out in
Title III of this Act.
The declaration of public utility and the subsequent determining compensation
must immediately be notified by the Chairman of the Planning Commission to the owners of

Goods by registered letter with acknowledgment of receipt.
ART. 5
At the time of declaration of public utility, the Great and General Council, on a proposal from the
Planning Commission, may impose terms or conditions.
The Great and General Council of the Town Planning Commission proposal also sets out the terms
start and completion of works, and failure to comply will result from the decay of
expropriation procedure.
The terms referred to in the preceding paragraph may be extended by the Great and General Council
due to unforeseen circumstances, but always with a certain time prefixion and in any case for a period not exceeding
third that initially granted.
At the Planning Commission is responsible for the issuance of temporary occupation resolution,
by establishing the maximum time that can be protracted, within the limits of the second paragraph of art. 1
and the terms of the measure forfeiture.
ART. 6
Declared a public utility, the technical staff of the Office of the Land Registry may automatically
access funds interested waves acc rtarne the state of consistency that must
result from the minutes drawn up jointly with those that are land registry
owners or their delegates, or in front of two witnesses who are not employees or
dell'espropriante or occupier or the owner; the contradictory are allowed the tenant, the tenant
, the settler or a co-participant and any expert witnesses.
Of the day, time and place fixed for the assessment of the consistency was to be given
communication, at least 10 days before the start of the investigative operations, to those who are
owners of the property to be expropriated or occupy the basis of public force Cadastre,
by notification by registered mail with return receipt.
ART. 7
The owners of the property to be expropriated or occupy, if they agree the compensation within 30 days of receipt of the registered
X referred to in paragraph of art. 4, are entitled to a premium of 15%
allowance.
In the event that the property to be expropriated is land that based on current planning tools has
agricultural purposes and is grown by the owner farmer,
acceptance allowance within cu above , it follows instead a premium equal to 30% of
.
The acceptance must be made in writing to the Chairman of the Planning Commission and
signed by all the co-owners in the case of joint ownership.
The expropriating or occupant shall pay the In ennità accepted and the relative premium
within 60 days of acceptance.
After that date, are due to the owner of the property or rights expropriated or occupied the
extent interest equal to that of the current discount rate.
If no action is the term referred to in paragraph I, the allowance is meant rejected.
Within the following 60 days, the allowance is comunq and be filed with the State Treasury
available to owners of the property to be expropriated or occupy.
The act of acceptance referred to in paragraph upper or deposit referred to in the preceding paragraph,
automatically constitute title to the occupation of goods and for the start of any works.
ART. 8
At the tenant, sharecropper, settler or a co-participant, who oltivi the ground from espropriarsi or deal
least two years before the date of the filing of the report referred to in the first paragraph
happened to art . 4, entitled to compensation equal to 30% of the compensation paid to the owner.
For the purposes of determining such compensation, the land subject to expropriation or
employment will be considered in each case for agricultural use.
ART. 9
After the period specified in the paragraph of art. 7, the Planning Commission form
immediately the list of owners who have not accepted the compensation, sending it
together with other documents to the Law Commissioner.
Within 30 days of receipt, the Law Commissioner by ordinary procedure for appointing one or more
'experts with responsibility to themselves to determine, in accordance with the assessment criteria established by this
law, due allowance to the owners of the property to espropriarsi or deal.
The same decree shall specify the period within which ip rites must submit their written report, containing an analytical
motivation of the criteria adopted.
The decree of appointment of the experts is immediately escutivo spite of any liens and
opposition.
ART. 10
The promoter of the expropriation procedure or temporary diccupazione and the owner of

Assets to be expropriated or occupy are entitled to be present during his investigation and to be assisted by
independent counsel.
To this end, experts are required to notify the parties, directly or in the person of their delegates, the day,
the time and place of commencement of operations, at least 20 days prior to the middle of the Court sliders.
Some of the consultants observations and reserves must be disclosed in the report.
ART. 11
The court fee for the appointment of experts and the expertise are the responsibility of the land to be expropriated
own or occupy when the value resulting from the appraisal gets less
allowance.
If the value determined by an appraisal s increased the allowance, but less than the sum allowance
and its award the owner could achieve under I and II
paragraph of ' art. 7, court costs and expertise are divided between promoter of
expropriation procedure or employment and owner of the property to be expropriated or occupied in the proportion
established by the Law Commissioner.
If the value resulting from the appraised value exceeds the sum of the allowance and its
Prize, the costs are borne by the promoter of the expropriation or occupation.
ART. 12
The experts, within the prescribed time or properly extended, are required to file with the Clerk of the Court
the report referred to the third paragraph of Art. 9, to the issue of
special decree commissioner, will be forwarded to C ngresso State.

TITLE III CRITERIA FOR DETERMINING ALLOWANCES '

Section I of expropriation allowances

5 ART. 13
The expropriation compensation is commensurate with the value of the property subject to expropriation
determined according to the standards and principles set out below. 5

ART. 14
The Commission referred to in paragraph VIII art. 4 in d end the expropriation compensation
must follow the parameters set out in the table provided for by art. 30 of the law 29 October 1981 n. 85
modified by art. 4 of Law 29 July 1983 n. 75.
On a proposal from the Commission for the consistency of the amounts referred to in Article. 30 of the aforementioned law, feel
the opinions of the Technical Office of the Land Registry and the Office of Agricultural, will be determined by January 31 of each year with
Regency Decree the minimum and maximum values ​​concerning real estate
subject of transfer and dispossession. 5

ART. 15
In determining compensation for expropriation must be considered the destination
area provided for in planning instruments of its location and, if you insist
buildings, their state of preservation, however not csiderando the increase of values ​​
arising from the existence in the same area of ​​primary and secondary urbanization works or
public facilities or public interest.
If the execution of the public work derives a special benefit and immediate area remaining
to the same owner, this advantage will be estimated and deducted from, firm
prejudice to the second paragraph of ' art. 18. 5

ART. 16
For the expropriation of areas built or urbanized, the allowance is determined by the sum of
value of the area and the construction of infrastructure works value or if they have been
performed by the owner, taking account the parameters set out in the table in art. 14.
If the construction was carried out without concession or authorization or on the basis of a concession or permission
canceled without having intervened St. tory, the allowance is determined by the
value of one area, established pursuant to the previous articles.
If the building is partially deformed by the grant and did not intervene amnesty,
no account is taken of the value of the works executed in contravention of the concession. 5

ART. 17
In determining the final amount of compensation, the experts must take account of the situation
asset expropriation at the time of filing of the opinion referred to in the third paragraph of Art. 4
excluding any subsequent changes made.
The long lease fund is considered as free.
Are excluded from the existing valuation allowance improvements of any kind, as
buildings, plantations, installations and purchases, if it appears, having regard to the time when
were made and other circumstances, which they were eseguit the sole purpose of achieving greater
allowance, however, unless the owner's right to recover at his own expense the materials and everything
that can be removed without affecting the work of public utility. 5

ART. 18

They are excluded from determining compensation increases in value arising,
directly or indirectly, from the planning or the execution, even partial, of public utility works
.
In case of partial expropriation, if the remaining portion of the property, because of its small size
or for another reason, has become unsuited previous use, is expropriated recognized:
a) or all'espropriante the right to ask that it be included in the expropriation;
B) or the right to payment of a compensation for the consequent depreciation of the remaining portion
.
If the expropriation concerns cultivated land and provided there is express request expropriated, is
faculty of the Congress of State, after consultation with the Planning Commission, assign in exchange
expropriated, set-off or part compensation, land of the same size; what made
prejudice to the competence of the Great and General Council on the alienation of immovable property
state. 5

ART. 19
E 'due compensation to the owners of the funds, which the execution of public works
are to suffer permanent damage resulting from the loss or reduction of a right. Section II


employment Indemnity 5
ART. 20
The employment allowance is determined by a sum for each year of employment at a
twelfth allowance recalculated annually, ch would be due for the expropriation of the property
to occupy, calculated in accordance as it established in previous articles ie, for each month or fraction of
employment month to one twelfth annual allowance.
If the occupant has gone to the well looked damage not ricompreso in fine,
is always subject to the right of the owner to get an extra bonus.

TITLE IV EXPROPRIATION DECREE OF EMPLOYMENT OR
ART. 21
The State Congress, received the Commissioner's Decree in art. 12, order of all'espropriante
deposit with the Treasury of any additional benefits resulting from the State Decree
same, in accordance with the provisions of the seventh paragraph of art. 7.
Once the deposit or issued the order referred to in the first paragraph, the State Congress issued Decree
expropriation or temporary occupation.
ART. 22
The ownership of the property subject to expropriation and the availability of goods subject to temporary employment are transferred
all'espropriante or occupant of the date of notification of the decree of the State Congress
pronouncing the expropriation or occupation pursuant to Article previous
in the manner specified in the first paragraph of the following article.
ART. 23
The State of the Congress Decree mentioned in the second paragraph of art. 21 is notified by the
sliders of the Court to the owners of the expropriated or occupied property.
Each of them, in the 30 days following the notification referred to in the upper paragraph may propose forward
the Judiciary common share versus the estimate made by the experts and against the liquidation of
spending.
The action is not subject to the filing of Law 18 September 1968 n. 37 both at first instance and on appeal
.
If this deadline without having been brought a complaint against the estimate
before the Court, the compensation shall be definitely settled in the sum determined by an appraisal.
ART. 24
The actions claim, usufruct, mortgage, the direct rule and all other actions
remedies available on property subject to expropriation or occupation, they can not stop the process of the expropriation or occupation
nor prevent the effects.
Pronounced expropriation, all the aforementioned rights can be honored no more 'on the property but only
on its fine.
ART. 25
The decree of expropriation of the State Congress, which became enforceable, is recorded and transcribed in
care dell'espropriante at the Registry Office and the Mortgage and will give rise to execution
dell'opportuna voltura in Technical Office of Catas or.
All acts and all documents relating to procedures provided by this law shall
exempt from stamp duty, registration, transcription and perfecting register.
ART. 26
An excerpt of the decree mentioned in the second paragraph of art. 21 is published to valvas palatii and
Houses Castelli in which they are located or occupied the expropriated assets.
Within 30 days of such publication and INCed ways in the second paragraph of art. 23, those who
have reasons to be experienced on compensation may be relied upon and the creditors who are entitled
may submit a complaint against the estimate, in lieu and instead of the debtor whose property has been expropriated or occupied
.

If within that period no objection has been notified, or if it is determined the agreement on
way to distribute the allowance, must provide themselves, the instance of the most 'diligent party, by the Judge competent
at the end of the civil laws. TITLE V

temporary positions EMERGENCY
ART. 27
When the measure referred to in paragraph of Article VI. 4, the Planning Commission, declaring the
indifferibilità and urgency of the works or equipment to be carried out in the second paragraph of art.
1, it may order the temporary occupation of real estate necessary for the realization of such works and equipment
.
In this case, the real property may be materially immediately occupied after
ascertain the state of texture and the drafting of the minutes in the manner and schedule
art. 6.
ART. 28
In the event of landslides, of broken embankments, collapse of bridges and in all other cases of major and
absolute urgency strength, the Regency, with a special ordinance, authorize immediate occupation || | of the necessary works in order to put all of emergency remedy.
In this case, the officials of the Technical Office of the Land Registry - Department of Land -
must provide in the most 'soon as the investigation of the state of consistency of the occupied goods
redigendone special report in the manner prescribed by 'art. 6.
The notice referred to in the second paragraph of art. 6 must be given at least 24 hours before the date set
to ascertain.
The Ordinance Reggenziale authorizing employment ceases to be effective if employment does not follow
within three months of its enactment.
ART. 29
The provisional allowance for emergency temporary occupations is determined by the Commission within three months of
referred to in paragraph 7 of article. 4, in accordance with the provisions of art. 20.
For whatever relates to the assessment and allowance payment shall apply mutatis mutandis
, the rules laid down for the ordinary temporary employment.

TITLE VI ACTIVITIES 'OF PRIVATE LAW OF PUBLIC Adminis TRACTION
ART. 30
The State, in order to acquire real property or rights relating to property required to produce works
and cultural facilities, sports and recreation of local interest, and still works and equipment
collective interest of limited impact social and environmental, it must first be agreed with the owner of the goods and
aforementioned rights, methods of acquisition or use of the same,
proposing a cash payment or a part exchange or full of other good or right.
The Commission provided for in the seventh paragraph of art. 4 will have to determine the principles and criteria contained in Title III
, the value of the assets or rights to be acquired and, in the case of exchange, the value of
real estate or rights in respect of property proposed by the state.
In order to facilitate a successful conclusion of the tr ttativa, it is faculty of the State Congress
determine an increase, to the extent not exceeding 20% ​​of the property value or
right to acquire, established to accordance with the preceding paragraph.
The agreement reached between the State and the owner will be formalized in a special agreement, without prejudice to the subsequent
procedures provided by OR inamento and subject to the prerogatives of the
Great and General Council in the event of alienation of b State property ni.
If you do not addivenga to the above Agreement, qu lora in the Council Great and General
the delivery of the public work or equipment utility to implement, apply the relevant standards
expropriation of immovable property or rights relating to property contained in this
law.
ART. 31
The concessions activities foreseen by the existing planning instruments and not included in the cases
the preceding article shall be the responsibility of the State Congress.
Is exercised by a commission appointed by the Congress of State, chaired by Member of the
Land and supported technically by the leaders or their delegates Town Planning Office and the Office
Technical Cadastre.
The concessions must provide for the acquisition by the Most Excellent Chamber of not less than 40%
area and not more than 60% subject to the altar Convention.
The percentage referred to in the previous paragraph is established in relation to the works of urbanization
necessary for the implementation of the detailed plan, index of area manufacturability, as well as in connection with its commitment
by the owner of totally or partially achieve the same.
If the manufacturability indices established in the Detailed Plan precludes

Sale all'Ecc.ma the surface proportion Chamber referred to in paragraph III of this Article
for the small size of the object of concessions, the owner must pay the corresponding amount to
State 40% of the property value, calculated according to the criteria
of articles 14 and 15 of this legg. If question of building area on which
intends to build the first building used for residential purposes, the deal will have as its object the
infrastructure costs which will have the same owner of the area in concessions.
'Also the faculty of the State Congress, in the authorization exchange intervention
construction area subject to concessions, agreed with the owner, who undertakes to build,
free purchase a portion of the structure to be implemented corresponding to 40% of the value of the
evaluated based on its building potential or the construction, on the basis of projects previously agreed
, public works of equal value.
Do not apply the percentage limits provided for in the preceding paragraphs inserted properties in areas
restructuring; in which case the concessions will focus on the related value increases with
changes and improvements envisaged in the approved projects.
In case of failure of the negotiations, the Delegation shall submit to the Commission
documentation Urbanism its concessions activity for the start of any procedure
utilities statement, in the form and in the manner provided by this Act.
ART. 32
The expropriation or employment procedures, for which the deposit has taken place under paragraph I
art. 13 of Law 15 March 1980 n. 18, before the entry into force of this Act, are
governed by the provisions laid down in Title III of that Act.

TITLE VII ACCESS 'prediali
PUBLIC ART. 33
In accordance with applicable law principles, to achieve public purposes
each owner is bound to give passage through their own funds to aqueducts, pipelines, power lines
, public sewerage system as well as to passage of cables, wires and telegraph and telephone systems
.
Likewise should be allowed to charge personnel, access to the funds for necessary
control and maintenance works.
Of the accesses necessary for the exercise of servitude 'referred to in the preceding paragraphs, except in cases of necessity and urgency
, it must be given prior Avvis the owner or the lessee.
With special Administrative Regulations will be determined the technical characteristics of each
servitude '.
ART. 34
The administrative act of authorization to the servants' is issued by the Commission
Technical Construction together with the granting or authorization under Articles. 3:04
of the Building Regulations.
A copy of a license or permit shall be duly made known to the
owner or lessee.
Apply the principles and rules provided by the Law 28 June 1989, n. 68 concerning the protection of judicial
legitimate interests.
ART. 35
If the setting of the servants' public law, the owner of the property is to undergo
a substantial decline in the value or substantially limiting the use of the asset, it is up to him
fair compensation .
In the determination of such compensation should be taken into account the actual injury suffered deducted
any advantage that good portrays dlla taxation.
The determination of fair compensation is carried out d t the Commission for determination of
allowance referred to in the seventh paragraph of art. 4.
Against this determination interested parties may resort to the ordinary courts below.
The appeal does not suspend the execution of the authorization to the exercise of servitude '.
In any case the owner of the fund has the right to restore the status of existing places the necessary
deliberations, if recovery is compatible with the exercise of servitude '
taking into account the technical rules contained in the relevant Regulations referred to in paragraph of Article IV. 33.
ART. 36
E 'set up at the Technical Office of Land Registry - Department of Land, Public
of Technological Equipment Register (PRIT) grouping waterworks, pipeline, power lines, sewerage
public, and exercise telephone and telegraph service.
In the Public Registry of Technological systems it must be shown the location of each facility
in the preceding paragraph.

To this end, the Construction Technical Commission shall transmit to the Technical Office of Cadastre, together
his release, a copy of a license or permit in art. 31, accompanied
the necessary cartographic documents.
ART. 37
With special regulations to be issued with Reggenziale Decree within six months after entry into force of this Act
, the structural characteristics of PRIT will be established and
enrollment techniques in it of the plants, as well as update mode resulting from successive variations
.
Within two years from the issue of the above Rules, due to be completed enrollment
with the inclusion of existing technological systems.

TITLE VIII FINAL AND TRANSITIONAL
ART. 38
This Law shall enter into force on 31 January 1992 and entirely repealing Title III of the Law
15 March 1980 n. 18, as amended, as well as all other rules and provision contrary
with it.
Our Residence, this day of 19 November 1991/1691 Foundation of the Republic THE CAPTAINS REGENT

Edda Ceccoli - Marino Riccardi

THE SECRETARY OF STATE FOR INTERNAL AFFAIRS
Alvaro Selva

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