The right indemnity in the case of expropriation constraint reiteration

Abstract

Section 39 of the current consolidated expropriation act states: “while expecting a systematic re-regulation of the matter, in the case of reiteration of a preordered constraint or a practical expropriation constraint, the estate owner is entitled to an indemnity comparable to the amount of damage actually produced”. To this date the “systematic re-regulation of the matter” has not taken place; failing specific regulations, the estimate indemnity cannot therefore be quantified.