LAW 15 March 1980, n.18 (published in the albo of the Public Palace on April 8, 1980) Law
on soil regime and the dimmobili expropriation for public utility.
We the Captains Regent
Most Serene Republic of San Marino
promulgate and publish the following law approved by the Great and
General Council at its meeting of 15 March 1980.
TITLE I
AIMS '
Art. 1
This law implements art. 10 of LGGE July 8, 1974 n.59 on building use
land use, expropriation of property and temporary employment.
TITLE II
REGIME OF SOILS
Art. 2
The ownership of the properties does not include the right to carry out planning and building
transformations.
Every activity involving the urban development and land construction is subject to prior
granting perpetual, transferable, irrevocable, issued the organ designated for that purpose
by law.
They are excluded from the prior grant the ordinary and extraordinary maintenance works
well as the activities related to agricultural crops.
Art. 3
The town planning and construction processing activity involves the payment of a contribution
determined in relation to the size of the intervention.
The plan law determines the procedures and criteria p ascertain the amount of the contribution above
with regard to the market cost of op king.
For housing interventions, including those on the existing buildings, the contribution referred to
this Article is reduced by 30% if the concessionaire undertakes, whether through a
Convention, to apply prices sales and pre-determined rental income from a
standard agreement, which will be prepared in accordance with the law of the plan by the Commission
Urban Affairs.
A full or partial deduction of the contribution the Administration may allow the dealer to
directly execute the urbanization works to be stated.
Art. 4
The fee referred to in the previous article is not due:
a) for the internal changes necessary to improve hygiene or static conditions of
homes, as well as for the realization of technical volumes as may be necessary to following installation
of technological equipment necessary for the housing needs;
B) for facilities, equipment, public works or public interest made by the bodies
institutionally competent, as well as for the infrastructure works, also carried out by private parties,
implementation of planning instruments;
C) for works to be carried out in agricultural areas, where they are strictly functional to the management of the fund
or the housing needs of the farmer and his family.
Art. 5
The contribution in art. 3 shall be paid in four semi-annual installments.
The dealers are required to offer sufficient guarantees concerning the other three installments, simultaneously with
payment of the first installment.
The payment of the first installment is a condition of the enforceability of the award.
Art. 6
For extraordinary maintenance, defined by the Plan Law, the granting of which
this Act is replaced by an authorization to carry out the work (released organ duly designated
).
For extraordinary maintenance not involving the temporary abandonment of the property
from the handler, the request for authorization referred to in the previous paragraph is
deemed accepted if the authority referred Art. 2 is silent within a period of ninety days.
In this case the applicant may give way to the work by giving notice to the same body of their
start.
Art. 7
They are instruments for implementing the General Plan:
a) detailed plans;
B) the detailed plans for building renovation;
C) although licensed or free;
D) the multi-year implementation programs.
The delivery instruments referred to in subparagraphs a), b), c), d), are administrative acts.
And 'permitted subject to these measures, the judicial protection
of the rights and legitimate interests.
The implementation of the overall planning instrument takes place on the basis of Recurring
Program Implementation, demarcating areas and zones, whether or not included in the detailed plans, where
must fulfill the said forecasting tool the relevant urbanization, with reference to
a period of time not less than two and not more than five years.
A homogeneous segments of the Multi-year Programme of Implementation can be attributed to the value of
Detailed Plan.
The plan law determines the content and the procedure for the approval of multi-year programs.
Art. 8

Until the approval of the article above program are permitted interventions only
of already urbanized areas, or adjusted in art. 4.
After the approval of the multiannual program are possible interventions provided therein.
The plan law may provide for other eligible interventions outside the
Multiannual Programme forecasts.
Art. 9
The Multiannual Programme identifies interventions with mandatory character.
Owners of properties included in the Multi-annual Programme should implement the works scheduled in
terms established by the Multi-annual or comunq program and within the period of validity of the
Multiannual Programme itself.
TITLE III
EXPROPRIATION AND REAL ESTATE JOBS FOR PUBLIC UTILITY '
Chapter I
GENERAL PROVISIONS
5
Art. 10
The expropriation and temporary occupation of real estate and rights to real estate are
permitted only in cases provided by law.
The expropriation and temporary occupation of properties are allowed only for
realization of works and public utility equipment.
The identification of works qualify as public utilities, as well as the determination of areas to be
for onward the construction of venues for the execution or location of works or equipment public
is entrusted to the Great and General Council.
The ordinary temporary employment can not be imposed for a period of time exceeding the
six years, while the temporary occupations of urgency referred to in Chapter V of this non
Title can be arranged for a time exceeding du nni.

5 Art. 11
The expropriation and temporary employment can be promoted by the State, public bodies
or private.
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 .

5 Art. 12
The public work or equipment utility to accomplish descends from the Detailed Plan,
or by the approved design and is declared expres amente by the Great and General Council, on
proposal from the Planning Commission, by act mministrativo, averse being allowed
judicial remedy for the protection of the rights and legitimate interests.
The utility automatically constitute title for the Technical State
officials to access the funds in question to establish whether the state of consistency which must be from
special report drawn up jointly with color that they are the owners, in according to the public force
Land Registry, or their delegates or bailees, or in front of two witnesses who are not
employees nor by the expropriating or occupant, nor by the owner; to be heard have allowed the
tenant, the tenant farmer, the farmer or co-participant and any expert witnesses.
Of the day, time and place fixed for the assessment of the consistency state must be given notice
to those who are owners of the property to be expropriated or occupied according to the public force
Land Registry at least 20 days before notification of the registered letter with acknowledgment of receipt.
If the initiator of the procedure of expropriation and occupation is not the state, these private
or public body, may apply to the Secretary of State for Internal Affairs that
officials of the Technical State provvedano ascertaining the consistency was in
manner specified in the preceding paragraphs, after payment of expenses and disbursements established with special
rate.
Chapter II
promotion of procedures for Expropriation And employmentguidelines
TEMPORARY ORDINARY
5
Art. 13
Who will promote the expropriation procedure or routine temporary occupation
must file with the Secretary of State for Internal Affairs a report explaining the work
or equipment to be carried out, accompanied by a plan stating the real estate or
rights to be expropriated or occupy, indicating the time for which employment must
prolong and a list of the owners registered in the public force Cadastre.
The Secretariat of State for Internal Affairs shall notify, by registered mail with return receipt,
to those who are land registry owners of the property to be expropriated or occupy, the
deposit referred to in the preceding paragraph and shall inform to the public through a notice to be posted to valvas palatii and
in the homes of Castles where there are assets to be expropriated or occupy.
The owners of the property to be expropriated or occupy hnno 30 days of receipt of
recommended
or from the publication referred to in the preceding paragraph to submit its
written comments on the d occupation expropriation.
In the following ten days, the Commission's planning decision on the legality of
remarks or on the admissibility of the expropriation procedure; if it is declared
eligibility, the Secretariat of State for Internal Affairs sends the case to the Commission
Housing which, after consultation with the sponsor or his representative and the expropriating or his delegate, fixed
temporary compensation for expropriation or occupation to be paid, determined in accordance with
Cape Third of this Title and, in compliance with the states the fourth paragraph of art. 10
indicates the maximum time that can be protracted temporary employment.
The Commission for Construction shall immediately notify the owners of the goods by
expropriate or take the measure referred to in the previous paragraph by registered letter with
receipt.

5 Art. 14
At the time of declaration of public utility, the Great and General Council, on a proposal from the
Commission for Urban Planning, can impose terms conditions.
The Great and General Council, on a proposal of the Planning Commission, establishes when
approval of the decree of public utility the deadline will be issued the decree
expropriation, after which the statement utilities will become ineffective.
It also establishes the terms of start and completion of the work from which, if not ensue
decadence of expropriation proceedings.
The Commission Urban Affairs is responsible for issuance of the temporary occupancy resolution
establishing the terms of the measure forfeiture.

5 Art. 15
The owners of the property to be expropriated or occupy, if they agree the provisional allowance within 30
days of receipt of the last paragraph of Art. 13, are entitled to an award
15% allowance.
In the event that the property to be expropriated is a land cultivated by the grower by owners
, provisional acceptance of payment, within the period specified in the first paragraph, follows
instead a premium equal to 30 % determined provisional allowance to the cultivated area.
The acceptance must be made in writing and, in the case of shared ownership, must be
signed by all unitholders.
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.
After the period mentioned in the first paragraph of the allowance is meant rejected.
Within the following 60 days, the provisional allowance must still be filed available
expropriated or occupier at the State Treasury.

5 Art. 16
In the event that the expropriation or occupation adheres to land cultivated by tenant, sharecropper
those or co-participant, forced to abandon the land itself, without prejudice to the owner of the
entitled to receive the allowance expropriation or occupation, determined under
as described in articles between 20 and 25 of this Act, with the eventual prize
in the previous article, the amount of the allowance is paid the tenant, the tenant, the
settler or a co-participant who cultivate the ground from espropriarsi or handle at least a year
before the date of the filing of the report referred to in the first paragraph of Article occurred. 13.
5
Art. 17
The Secretary of State for Affairs immediately Interior form the list of owners who do not
have accepted the provisional allowances and, in the most 'soon, send it together with the other
documents to the Commissioner of Law.
Within 30 days of receipt, the Law Commissioner by ordinary procedure for appointing one or
most 'experts with responsibility to themselves to determine, in accordance with the valuation criteria established by this
law, due allowance to the owners of the property to espropriarsi or deal.
The same decree sets to experts the term within which to 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.

5 Art. 18
The promoter of the expropriation procedure or temporary work and the owner of the goods to

Expropriate or occupy are entitled to be present during his investigation and to be assisted by a
its adviser.
To this end, experts are required to notify the parties, directly or in the person of their delegates or
bailees the day, time and place of commencement of operation, at least 20 days prior to the middle of
sliders of the Court.
Some of the consultants observations and reserves must be disclosed in the report.

5 Art. 19
The court fee for the appointment of experts and the expertise are the responsibility of to be expropriated the land
own or occupy when the value resulting from the appraisal gets less
allowance provisional.
If the value determined by an appraisal s greater allowance provisional, but less
to the allowance amount and its owner thatthe award could achieve the
meaning of the first and second paragraph of ' art. 15 expenses, court costs and expertise are divided between
promoter of the procedure of expropriation or occupation and owner of the property to be expropriated or
occupy 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.
Chapter III
CRITERIA FOR DETERMINING ALLOWANCE '
SECTION I
The ALLOWANCE' Expropriation
41; 15
Art. 20
The expropriation compensation is commensurate with the current agricultural value from areas as well, where
expropriation relates to built-up areas or urban or equipped, to the value of the works of
urbanization or construction or equipment, taking into account the status of
conservation.
The agricultural value is determined on the basis of the vocation and potential agricultural area.
To determine the potential or of the agricultural vocation will consider the following criteria among
which applies the most 'favorable: a) culture in place; b) culture classification recorded
at the current Land Registry; c) potential or crop vocation taking into account the location of
nature of the terrain.
With Reggenziale decree, on a proposal from the Agricultural and Forestry, by January 31
each year is determined by the average agricultural value of the land in relation to the types of crops and
by zones.
The first Regency Decree consequent must be issued within 30 days after entry
into force of this Act.
The provisional allowance is determined on the basis of such general determinations, subject to the possibility of rectification
10% more 'or less depending on the particular situation of the areas invested by expropriations
.
In regions in the town center, according to eterminazioni made in the plan reads,
the allowance is however commensurate with the average farm value of more 'profitable crop in place in
Republic, including those covering a top surface to 5% of that cultivated during
Republic.
41; 15
Art. 21
For the expropriation of areas that were built or urbanized, the allowance is determined based
to the sum of the value of the area, established in accordance with the preceding article, and the value of
buildings or of infrastructure works.
If the construction was carried out without a license or contrary to it, or on the basis of a concession
or canceled license and did not intervene the amnesty, the allowance is determined based on the value of
one area .
In determining compensation should not keep any account usability area for the purpose
edification as well as the increase in value resulting from the existence in the same area of ​​primary infrastructure works
and secondary and any other work or public facility or
public interest.
41; 15
Art. 22
In the final determining compensation, the experts must take into account crop actually in place
and criteria set out in Article. 20 to alert the moment of filing referred to
second paragraph of art. 13, with the exclusion of any later change made.
The long lease fund is considered as free.
Are excluded from the allowance evaluation of the existing improvements of any kind, as
buildings, plantations, installations, and purchases, notably when, considering the time they were made
and other circumstances, 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 the work of public utility injury.
41; 15
Art. 23

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 that there is specific request expropriated, is
faculty of the State Congress to allocate in exchange expropriated, in the deduction partial or total compensation
, land of the same size; this without prejudice to the Great Council prerogatives and General
arrangements for disposal of immovable property of the State.
41; 15
Art. 24
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.
41; 15
Art. 25
The report of the experts must, within the prescribed time or properly extended, be filed
in the Clerk of the Court, which will forward it, with Commission Decree also contains
taxation of costs to the Commissioner of law, the State Congress.
SECTION II
THE ALLOWANCE 'EMPLOYMENT
42; 15
Art. 26
The employment allowance is determined by the sum of, for each year of employment, to
one twelfth allowance recalculated annually which would be payable for the expropriation of
well as to occupy, calculated according to the requirements in the standards contained in Section I of
this Chapter, or, for each month or fraction of m if employment, 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.
In determining compensation for employment, except as stated in the preceding paragraphs, it
apply, mutatis mutandis, the CONTENT standards in Section I of this Chapter.
Chapter IV
DECREE OF EXPROPRIATION OR OCCUPATION
5
Art. 27
The State Congress, received the reports of for you in the previous Head, order
all'espropriante to file with the Secretary of State for Internal Affairs sums deriving
from the expertise and, if it is work to be executed on behalf of the state, order the Secretary of
State for Internal Affairs to hold ready the money used.
Once the deposit or issued the order referred to in the first paragraph, the State Congress issued decree of expropriation
and temporary occupation by allowing in any case the occupation of property.

5 Art. 28
The ownership of the property subject to expropriation and the availability of goods subject to
temporary employment are transferred all'espropriante or occupant from
publication date notification of the decree of the State Congress, uttering the ' expropriation or occupation under
preceding article.

5 Art. 29
The decree of the State Congress in the second paragraph of art. 27 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 first paragraph, may propose forward
the Judiciary common share versus the estimate made by the experts and against the liquidation
of the expense.
The action is not subject to the filing of Law September 18, 1968 37 both at first instance that
on appeal.
If this deadline without having been brought a complaint against the estimate before the Court,
compensation has definitely settled in the sum determined by an appraisal.

5 Art. 30
The claim actions, usufruct, mortgage, the direct rule and all other actions
remedies available on property subject to expropriation or occupation, 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.

5 Art. 31
The decree of expropriation of the State Congress, which became enforceable, is transcribed by
dell'espropriante by the Office of the Register of Mortgages and will give rise to execution dell'opportuna
turner in the cadastre and in the census books.

5 Art. 32

An excerpt of the decree mentioned in the second paragraph of art. 27 is published to valvas palatii and homes of the Castles in
situationis expropriated or occupied property.
Within 30 days of such publication and INCed ways in the second paragraph of art. 29, those who
have reasons to be experienced on compensation can show them 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.
Chapter V
LE temporary positions EMERGENCY
5
Art. 33
When the measure referred to in the third paragraph of Art. 13 or at the time of approval of the
project in the second paragraph of art. 11, the Planning Commission, declaring the indifferibilità and
urgency of the works or equipment to be carried out in the second paragraph of art. 10, may have
temporary occupation of real estate necessary to carry out those operations and
equipment.
In this case, the real property may be materially occupied immediately after
ascertain the state of texture and the drafting of the minutes in the ways and terms
provided by the 2nd and 3rd paragraph of art . 12.

5 Art. 34
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 || | temporary of the necessary real estate to the execution of the necessary works in order to put
remedy the state of emergency.
In this case, the Technical State officials must ensure in the most 'soon
ascertainment of the state of consistency of property occupied redigendone the minutes with
manner prescribed by the second paragraph of art. 12.
The notice referred to in the third paragraph of Art. 12 should 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.

5 Art. 35
The provisional allowance for emergency temporary occupations is determined within three months of the Commission
Planning pursuant to the stable or in art. 26.
For whatever relates to the assessment and allowance payment shall apply mutatis mutandis
, the rules laid down for the ordinary temporary employment. TITLE IV PENALTIES


Art. 36
The monitoring of the application of this Act shall be entrusted to the Commission of Housing and
Office of Health and Hygiene who exercise it through the monitoring of all the works and
buildings, by of officials of the Technical State University and the Office of Health and Hygiene
as well as of the public force agents.
To that end, the granting and the approved project must be preserved, in original or certified copy
, at work, at the disposal of officials and inspecting officers.
Art. 37
If it is found one of violating Art. 39, the Building Commission has
the immediate suspension of work, which shall cease to have effect if, within 60 days will not be
adopted the measure in the next paragraph.
The offender is warned to the demolition or restoration of illegal works within a reasonable
not less than thirty days.
If no action that period, the Building Commission will order the demolition or
reinstatement of unauthorized buildings office, at the offender's expense, or, if
ascertains the absolute inappropriateness of such measures, to a financial penalty of
twice the value of the works illegally made, v Lutate with reference to the date of such
.
The demolition measures and remission in pristine or application of the penalty
become executive after validation by the Law Commissioner, who releases it
basis of a finding of mere legitimacy of ' act.
The penalties referred to in the third subparagraph shall be extended to the supervisor and Assumptor of the same.
It does not give rise to sanctions the creation of variants, as long as they do not conflict with
existing planning tools and do not modify neither the shape nor the operational surfaces, nor the destination of use of buildings
for which it was ta release the grant.

The variants will still have to be approved prior to release of the certificate of habitability of
where the law of plan.
Against the measures issued by the Building Commission under this Article shall be permitted
appeal to the Council of Twelve, which can also temporarily suspend the contested act.
Art. 38
Legal acts relating to housing units built or otherwise modified without
concession are void if they do not show that the buyer was aware of the lack of
concession.
The Official Rogante is required to obtain a certificate at the time of the Commission of Construction, no earlier date
three months, stating that in respect of the property are not ascertained
breaches of planning rules and building, for which is pending the proceedings
application of sanctions.
The same certificate must be presented at the time of transcription of the act in the records estate
.
The provisions of the preceding paragraphs shall not apply in cases of failure to comply with the regulations or
mode referred to in subparagraph a) of Art. 39, established by declaratory judgment.
Art. 39
Unless the fact constitutes a more 'serious offense, regardless of the duties set forth in Article
following applies:
a) the arrest of grade I or daily fine II able for non-compliance with the regulations or
constructive manner prescribed by the grant, the plan reads, from the Multi-year Programme of Implementation
or other planning instruments;
B) the arrest of II degree or daily fine IIIgrado for the construction or modification of
total works inconsistency or in the absence of the grant.
Officers carrying out the work, for the purposes of this Act are the owner, the contractor
, the director and the undertaker of the work.
In the case referred to in point b) is imposed at the charge of Director and Assumptor work,
disqualification from the art or profession of I degree.
And 'forbidden to all distributing companies of public services to administer their supplies for the
execution of works without permission.
Violators are punishable with administrative sanctions provided by law.

Title V TRANSITIONAL AND FINAL
Art. 40
not subject to the provisions of Section I of this Law the activities of transformation
housing and urban planning for which was granted planning permission notified in accordance with Article
. 8 of the Law 32 of April 29, 1974 the date of entry into force of this law, even if
was subjected to measure block or suspension by the Commission of
Plan pursuant to the provisions laid down 'art. 5 of Law 21 of May 21, 1976.
Art. 41
This Act repeals and replaces the Law May 24, 1913 and its subsequent amendments and
any other standard or custom in contrast.
The repealed laws will continue to be applied for you only to procedures for expropriation or occupation
still ongoing at the time of entry into force of this Act.
Art. 42
This Act comes into force with the entry into force of the Law containing the rules of
General Plan.
Our Residence, this day of 31 March 1980/1679 Foundation of the Republic THE CAPTAINS REGENT

Giuseppe Friends - Germano De Biagi

THE SECRETARY OF STATE FOR INTERNAL AFFAIRS
Alvaro Selva