The protection of private property
To suffer the occupation of one's land or property by the Public Administration without a valid expropriation decree is a situation that generates profound uncertainty and frustration. It is a violation of the right to property, a fundamental principle protected by our Constitution. Understanding the legal mechanisms to defend oneself and obtain fair economic compensation is essential. In these cases, the assistance of a lawyer specializing in damages compensation in Milan becomes crucial to navigate the complexity of regulations and take the most appropriate actions to protect one's rights.
Unlawful Occupation: the two main forms
When the Public Administration takes possession of private property without a legitimate title, two main scenarios of illegality arise, known as usurpative occupation and acquisitive occupation. It is important to distinguish them to understand the nature of the abuse suffered. Usurpative occupation occurs when the public body occupies private property in the complete absence of a declaration of public utility, which is the legal prerequisite that would justify a future expropriation. Acquisitive occupation, or substantial expropriation, occurs instead when, despite the existence of a declaration of public utility, the occupation continues beyond the terms established by law without a final expropriation decree being issued, and the public work is irreversibly completed.
The difference with Lawful Expropriation
It is essential not to confuse these forms of illegality with the procedure of expropriation for public utility conducted according to law. A lawful expropriation follows a precise process: a declaration of public utility of the work, notification to the interested party, determination of a fair expropriation indemnity, and the issuance of a formal decree transferring ownership. In unlawful occupations, this path is violated in one or more of its fundamental steps, transforming an administrative act into an illegal act that gives rise not to a simple indemnity, but to full compensation for damages.
The Approach of Studio Legale Bianucci
The approach of lawyer Marco Bianucci, a lawyer specializing in damages compensation in Milan, is aimed at ensuring the owner the maximum possible compensation for the illegality suffered. The strategy is divided into several phases, starting with an in-depth documentary analysis to verify the nature of the occupation and the absence of a valid title. Subsequently, in collaboration with trusted technical experts, the precise quantification of the damage is carried out, which includes not only the market value of the property but also the prejudice arising from the non-use of the property for the entire period of unlawful occupation. The objective is first to attempt an out-of-court settlement with the public body and, in case of failure, to initiate targeted legal action to obtain a judgment ordering the Administration to pay compensation.
Frequently Asked Questions
How much time do I have to claim compensation for unlawful occupation?
The right to compensation for damages for unlawful occupation is generally subject to a five-year statute of limitations. The period begins to run from the moment the owner has full awareness of the illegality and its permanent nature, which often coincides with the irreversible transformation of the property or the expiry of the terms of lawful occupation.
How is the value of the damage to be compensated calculated?
Compensation does not correspond to the simple expropriation indemnity. It must fully cover the prejudice suffered and consists of two main components: the damage for the loss of ownership, calculated based on its market value at the time of the illegality, and the damage for the non-use of the property during the period of occupation, calculated based on the rental value of the property.
Can I request the return of my land?
In principle, the owner has the right to the return of the property. However, when a public work has been built on the land and its removal would cause greater damage to the community, jurisprudence tends to deny the return, converting the owner's right into a claim for full compensation for damages.
What happens if the Public Administration does not pay the compensation awarded by the judge?
If the public body does not voluntarily comply with a judgment ordering payment, it is possible to initiate specific enforcement procedures under administrative law, such as the judgment of compliance before the Regional Administrative Court (TAR), to compel the administration to pay the sums due.
Contact an Expert Lawyer in Milan
Dealing with litigation against the Public Administration requires specific expertise and a well-defined legal strategy. If you believe you have suffered unlawful occupation or if the proposed expropriation indemnity does not seem adequate, it is essential to act to protect your interests. Studio Legale Bianucci in Milan offers the necessary assistance to evaluate your case and define the most effective path to obtain fair compensation. Contact the firm for a consultation and to analyze your specific situation.