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The eminent domain
The eminent domain is coercive transfer of ownership or other real rights on a property from one person to another.
Article 42 of the Constitution of the Italian Republic declares that private property despite being legally recognized, it may be, within the limits prescribed by law, and payment of compensation, be expropriated for reasons of general interest.
Article .832 of the Civil Code states: "The owner has the right to enjoy and dispose of things so fully and exclusively within the limits and in compliance with the obligations imposed by the legal system", and Article .834 adds: "Nobody can be deprived in whole or in part of any property owned, if not in the public interest, legally declared, and on payment of fair compensation." The rules on expropriation in the public interest are determined by special laws. The recognition and declaration of public utility, the identification of stakeholders and the expropriation of the assets subject thereto, the designation of authorities responsible for ITER expropriation, the definition of expropriation procedures and criteria for determining compensation are subject to special laws.
The expropriation is the same performer of the work, could be the State, a public agency or private. The expropriated is most often a private, but can also be a public agency or the State. Subject of expropriation can be any good, property or movable, tangible or intangible, which is essential for completing the work of public utility.
The expropriation procedure identifies two significant moments: the moment of declaration of public utility and the time of expropriation. Regarding compensation, the law provides the following cases: total expropriation; the partial expropriation, temporary employment, the imposition of permanent servitude.
By way of example but not limited to, the permanent expropriation procedures may be used to:
- The creation of vehicular or pedestrian passages;
- Rail networks;
- Road networks;
- Irrigation networks;
- Electrical substations ;
- Dams;
- Etc. ..
The GEOSIS Ltd. has a long experience in eminent domain and is able to accompany their clients in this broad discipline in order to allow the construction of the work.
Bondage
The servants, good-natured or coercive, are a burden imposed on a fund for other funds.
- The creation of vehicular or pedestrian passages;
- Rail networks;
You are or will of the parties or by will or by adverse possession or procedure and coercive and go extinct for lack of use for over twenty years. 
The easement may be used to:
- The creation of vehicular or pedestrian passages;
- Irrigation networks;
- Power grids;
- Telephone networks;
- Gas networks;
- Etc. ..
For temporary easements (which period shall not exceed 9 years) the compensation is equal to half the installation, with the obligation, the expiry date of calling the bottom as it was before the servants.
If before the expiration of 9 years is converted from temporary to permanent easements, the owner of the dominant 
must pay the other half plus statutory interest accrued since the beginning of the easement, and if you let expire the term of 9 years, must pay the total compensation.
GEOSIS Ltd. The experience gained with major infrastructure construction company can accurately handle the problems related to the servo described above.
 Espropriazioni-Asservimento | [ ] | 0 Kb |
