Usurpative and Appropriative Occupation: Commentary on Judgment No. 18222 of 2024
The recent Order No. 18222 of July 3, 2024, issued by the Court of Cassation, has provided important clarifications on the distinctions between usurpative occupation and appropriative occupation, particularly in relation to actions for damages. This judgment is of fundamental importance for understanding the responsibilities of public administration in cases of land occupation without the due expropriation decree.
The Distinction Between Usurpative and Appropriative Occupation
According to the judgment, usurpative occupation occurs when a transformation of the land is carried out in the absence of a declaration of public utility, while appropriative occupation is characterized by the irreversible transformation of the land itself. Both scenarios entail a compensatory liability for the public administration, as established by Article 2043 of the Civil Code.
- Usurpative Occupation: Occurs in the absence of an expropriation decree and can be original or subsequent.
- Appropriative Occupation: Involves an irreversible transformation of the land, without the necessary expropriation procedure.
Reclassification of the Damages Claim
A crucial aspect of the judgment is the possibility of reclassifying the damages claim. The judge has the discretion to consider a request originally formulated as an action for usurpative occupation as relating to appropriative occupation. This aspect is fundamental to ensuring the protection of property owners' rights and preventing public administration from evading its responsibilities.
URGENT (RECLAMATION WORKS AND RECONSTRUCTION OF PUBLIC WORKS) DAMAGES COMPENSATION Usurpative Occupation – Notion – Appropriative Occupation – Notion – Filing of a claim for damages – As a consequence of usurpative occupation – Acceptance of the claim – Reclassified by the judge as relating to appropriative occupation – Admissibility – Basis.
Conclusions
In conclusion, Order No. 18222 of 2024 has confirmed the importance of a correct interpretation of the rules concerning expropriation for public utility. The possibility of reclassifying damages claims offers greater protection to property owners, ensuring that the actions of public administration are always subject to legal scrutiny. It is essential for citizens to be informed about these rights and to seek assistance from legal professionals to protect their positions in cases of unlawful occupation.
