Technical Expropriation and Arbitration Commission: Are you sure you know everything?

As is known, in the event that temporary compensation for expropriation is not accepted, the final compensation can be determined by the district expropriation commission, with an appeal to the Court of Appeal to return the judicial decision or thanks to the activity of Arbitration Board / Technical Committee.

Expropriation and Final Compensation: The Role of the Technical Arbitral Tribunal

The possibility of using this instrument shall be indicated by the expropriation body in the communication in which the body indicates the amount of the proposed provisional allowance.

Within 20 days of contacting the possibility of using this tool, the forfeited owner can request to take advantage of this tool, and at the same time appoint a trusted technician. Administrative jurisprudence also clarified how this term is waived only in the case referred to in Article 22 of Presidential Decree 327/2001, that is, in the case of urgent determination of compensation (the situation is different from the more common case referred to in Article 22 bis related to urgent employment before confiscation).

This technician is then supported by a technician designated by the Expropriation Authority and a third technician appointed by the President of the Court at the request of the owner or authority. The committee thus constituted then prepares an assessment of the confiscated property and assesses any further damage to the owner after the confiscation.

Can the expropriation authority refuse to appoint the authority?

The appointment of the requested arbitral tribunal is an obligation of the expropriation commission, to the extent that the silence maintained by the tribunal on the owner’s application to the competent arbitral tribunal can be challenged:

State Council, Section IV, 27/08/2019, n. 5909

If a private individual who does not accept forfeiture compensation, urges the administration of forfeiture to appoint its technicians and proceed in accordance with Article 21 Presidential Decree No. 327 of 2001, the latter has no choice but to commit to proceeding in that sense within an appropriate time frame, and to appoint its experts for the purpose of Appointment of the committee.

TAR Ancona, Section I, 28/12/2018, n. 817

On the issue of expropriation for the public benefit, the controversy regarding the silence formed regarding the request for the appointment of the commission in accordance with Article 21, Presidential Decree 327 of 2001 due to the activation of the procedure in accordance with the above-mentioned Art. 21 (appointment of expert, etc.) intersects with a position of legitimate interest of the private individual, known to the administrative judge.

Perform expert operations

The owner has the right to be present in person or through his attorney at the operations of this board and has the opportunity to make oral or written observations.

Indeed, it should be noted that the technician appointed by the owner, by forming an art college, becomes at least officially a third party and does not represent the owner. Thus, the owner has the right to participate in the operations, and in fact a dispute is created within these committees, where the owner is well protected and represented.

Civil Cassation Section I, 03/14/2018, n. 6239

In the procedures for the final determination of compensation for slavery, governed by Article 21 of Presidential Decree No. 327 of 2001, it is necessary for the validity of the assessment that notification be given to the parties regarding the execution of the expert’s operations, being irrelevant, in case of omission of the notice, that it was made in the presence of the technician For part of a three-person board of directors, given the third-party position taken by any member of the Expert Panel.

Upon completion of the proceedings, the jury must issue an evaluation report that can be signed unanimously or by a majority. Conversely, a report that does not reach even the majority of contributions (in practice only by a court-appointed technician but not bound by either party) is void. The nullity shall result in the experts forfeiting their right to any compensation. This estimate must then be sent to the Expropriation Authority within 90 days of the commission’s appointment, unless the term is extended for good reason. The expropriator must notify the renting owner of the deposit.

How are the expenses of the arbitral tribunal divided?

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