Gabriele Torelli

Open access

The Institute of "acquisizione sanante" in the Code of Cultural Heritage and Landscape

  • Abstract

Informations and abstract

Keywords: Acquisizione Sanante; Expropriation; Cultural Heritage.

The paper aims to consider the possibility to extend the regulation of the acquisizione sanante to the cultural heritage expropriation. Basically, the acquisizione sanante, established in art. no. 42bis, Republic President decree no. 327/2001, allows public bodies to acquire private property because of public interest reasons, in case of an illegitimate expropriation procedure. In particular, public bodies are allowed to use the acquisizione sanante if they have not previously declared as they should have did at the beginning of the procedure the reasons why the property which is going to be expropriated is relevant for the community. Therefore, the papers is meant to verify if the acquisizione sanante can be applied to the cultural heritage expropriation, regulated in art. 95, 96, 97, legislative decree no. 42/2004. These rules establish three different kinds of expropriation: the research tries to demonstrate that the acquisizione sanante can be legitimately applied to any of them, although some differences are evident. The possibility to extend the regulation of the acquisizione sanante to the cultural heritage expropriation is symptomatic that Italian legal system supports and does not disapprove the effectiveness of an incomplete expropriation procedure also in this matter, where public interest issues are very significant.

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