LAW 25 June 1971, n. 26 (published in the albo of the Government Palace July 12, 1971).
Reform of the Law on expropriation for public utility.

We the Captains Regent of the Most Serene Republic of San Marino
promulgate and publish the following law approved by the Great and General Council
its meeting on June 25, 1971:
Art. 1
The corresponding articles of the law 24 May 1913 on expropriation in the public
utility, are replaced by the following:

CHAPTER II Of the declaration of public utility.
Art. 8. - When the time limits set out in Articles 4 and 5, the request with the documents related and with
opinion of the State Congress is returned to the Great and General Council will issue
or less the declaration of public utility, subject , where appropriate, on those terms or
mode you deem necessary.
The Great and General Council will also establish a deadline by which they must be completed expropriations
and after which the declaration of public utility will become ineffective; nor will be taken other
to expropriation except by virtue of another declaration.
Art. 9. - If the works are to be carried out on behalf of the state and appear relevant
public utility, the Great and General Council may immediately issue a decree that
declares the public interest and to postpone the innovation of appro plan and the report referred to in Article 3
such time as they have been prepared.
In any case, before being transmitted to the Great and General Council for approval, the plan
and the report will be published and filed to allow any interested person to inspect and make
in writing his observations. The provisions of Article 4, paragraphs
2, 3 and 4, as well as Article 5, paragraphs 1 and 2.
The variants that will be necessary following the approval of the plan and the
report shall, in turn, be approved as specified in the two preceding paragraphs
.
The definitive approval of the development plan ubanistico tantamount to declaration of public utility of the works
therein.
If expropriations are not made within the period of five years from the publication of
decree declaring the public utility or approving the urban development plan, can not be taken other
to expropriation except by virtue of another declaration. CHAPTER III

allowance and how to determine it.
Art. 10. - Who got the declaration of public utility must fill out and deposit in
Secretary of the Interior a list in which, in response to the designation of goods by
espropriarsi and the name of the owners, is indicated l ' allowance which provides for the expropriation of their
.
In case of uncertainty about the true owner apply the signs of land registers.
The list must be filed and made public according to the formalities set out in Article 4.
Failure to comply with that formality matter the nullity of the later procedure of expropriation.
Art. 11. - The expropriation must groped to agree amicably with the expropriating
the amount of compensation.
If the attempt fails, either because the expropriating on corresponded to the invitation, and because the negotiations took place
is not had no agreement, the expropriating must complete, during discussions with the expropriating
, the state of consistency of good, doing analytical description of all the elements that compose
at the moment, materials, economic, legal, of the surface, the
and civil engineering.
The failure to reach agreement and the state of consistency should be consecrated in the minutes, from which
will be also the maximum amount offered by the expropriating authority and the slightest claim
dall'espropriando.
The minutes shall be drawn up in the presence of two witnesses and signed by them together with the parties.
If the expropriating refuses to sign or crocesegnare, they will act in the foot of the record.

15 Art. 2
The relevant articles of the law 24 May 1913 on expropriation in the public
utilities are replaced by the following:
1502; 15
Art. 17. - The Secretary of the Interior has to form the list of owners who do not concluded
no amicable agreement and send it, together with the plan, the report referred to in Article 11, paragraphs
3:04, and others documents, the Law Commissioner.
1502; 15
1502; 15
Art. 18. - The Law Commissioner with simple decree and without the need for the
citation of the parties, the appointment as 'soon one or more' waves appraisers determine the value of
well be expropriated and other items of damage .

In the limit set by decree the experts must submit a written report and give comprehensive
much motivation application of the rules and criteria governing the settlement allowance
, as its conclusions.
The decree of appointment of the experts is immediately escutivo despite appeal or opposition.
1502; 15
Art. 19. - The expropriating or expropriating have right to be present during his investigation
and to be assisted by independent counsel.
To this end the experts must inform the parties, directly or in the person of their advisors, about
day, time and place of beginning of operazion, at least fifteen days prior to the middle of the sliders
of the Court.
Some of the consultants observations and reserves must be disclosed in the report.
1502; 15
Art. 20. - The legal costs for the appointment of experts and the expertise shall be borne
dell'espropriante.
They are charged dell'espropriando only when the estimate gets less than the maximum amount
offered by the expropriating authority.
If the difference between the allowances paid for expertise and the offer is not increased
a sixth, the costs will be divided between the expropriation and the expropriation, in the proportion that will be established
by the Law Commissioner.
1502; 15
Art. 21. - The allowance is made up of a sum of money that is likely to cover the whole and
only the extent of the material damage, direct, material caused to the expropriated rights.
The deprivation of income not recognized as a right can not, however, be considered in the calculation
.
The sum paid shall take effect, until payment, statutory interest with effect from the day when the good
was occupied.
1502; 15
Art. 22. - To determine the value of the expropriated property, for the purposes of the calculation,
necessary to consider the consistency of it and then procederne the estimate.
The consistency should be ensured with regard to economic and legal materials
elements that make up the well; the surface, the top and bottom uolo, as well as with reference to the situation of
facts existing on the day that was filled state of consistency laid down in Article 11 and with
excluding any subsequent changes made.
The long lease fund is considered as free.
By remaining excluded from the pre-existing texture improvements of any kind, such as buildings,
plantations, installations and purchases, when it is being taken of the time when they were made and
other circumstances, which were carried out for the sole purpose to achieve to achieve greater
allowances, subject to the right to the owner at his own expense to remove the materials and everything that can be removed without
work utilities injury.
It is presumed given in order to achieve greater benefits improvements
started after expiry of the period provided for in Articles 4, paragraph 3, and 9, paragraphs 2 and 3.
remain likewise not be consistency and they do not we consider in assessing the fine, the
works subject to the discipline construction that have been carried out without building permit.
1502; 15
Art. 23. The estimate of the asset is carried out taking into account the value it had on the day when the
was compiled by Article consistency state. 11.
In the estimation operations are to be used, in addition to the normal valuation criteria, the following parameters
:
1) value attributed to the asset or assets placed nearby (which are the texture, shape,
similar nature and use) in the registered transfer contracts concluded in the previous five years;
2) amount of compensation accepted by other dispossessed, related to assets placed nearby, which are
of texture, shape, nature, and use similar recognized;
3) value attributed to the asset both in the statements made to the tax authorities in the previous five years
dall'espropriato, because in the final assessments made by the financial departments of the Republic
in the same period.
However no account shall be taken of contracts which, having regard to the time when they were perfected and
other circumstances, prove entered into in order to achieve greater benefits.
1502; 15
Art. 24. - are excluded from the estimate increases in value that results directly or indirectly
from design or execution, even partial, of public utility works
.
1502; 15
Art. 25. - The value of the areas with urban destination is determined by averaging
between the value of the asset, calculated in accordance with Articles 22 and 23, and the value that is obtained by adding the net taxable income
last decade, it estimated the effects of taxes on land and

On buildings.
Are considered areas with urban destination ol those included within the perimeter of a
master plan which was approved by the Great and General Council, or those being
of building rights authorization under legg May 16, 1960, n. 9. If
to perform zoning or subdivision of programs approved after the entry
into force of this Act, it is necessary to acquire, through expropriation, new areas not included in the scope
of plans or pre-existing programs, espropriande areas are considered,
only for this effect, as having no urban destination and in the determination of their value
no account is taken of the increases arising, directly or indirectly, from design
or the execution, even partial, of the plans or those programs.
1502; 15
1502; 15
Art. 26. - If the subject of expropriation is the part of a property that, for destination
owner, location, distribution systems or for other similar reasons, constitutes a single whole
economic value of it is determined by subtracting from value of the entire property,
calculated in accordance with articles 22, 23, 24 and 25, the value that the remaining part will have after
expropriation.
The increases in value referred to in Article 24, which enrich the remaining part of the property,
they must be deducted from the total compensation, what would it be if it were calculated in accordance with the previous paragraph and of
' Article 21.
If the remaining part of the property for its small size has become unfit use previous
, the owner may request that it be included in the expropriation.
If the parties fail to reach an agreement in the amicable settlement, the need
total expropriation decides the Law Commissioner, after hearing the experts, appointed in mind Article 18.
|| | applies the procedure laid down in Article 11 paragraphs 3 and 4.
1526; 15

26 Art.
3 Article 28 of Law 24 May 1913 on expropriation for the public interest is
replaced by the following:
1526; 1503; 15

26 Art. 28. - It 'an indemnity due to the owners of the funds, which the execution of public works
are to suffer permanent damage, resulting from the loss or diminution of a right
.
It applies to Article 21, paragraph 2.
1526; 1528; 15

26 28 Art. 4
This Act comes into force immediately.
The new rules of compensation shall also apply to the procedures for expropriation
in progress for which, at the time of entry into force of this Act, the state
consistency of the goods referred to 'Article 11 has not yet been compiled.
The areas covered by town plans approved by the Great and General Council before the entry into force
of this law are not considered as having urban destination for the effects
the first part of Art. 25.
Our Residence, this day of 30 June 1971 to 1670 Foundation of the Republic THE CAPTAINS REGENT

Louis Lonfernini - Attilio Montanari

THE SECRETARY OF STATE FOR INTERNAL AFFAIRS AND
. Della Balda