Equalisation, Expropriations and Valuations

Abstract

Expropriations for public utility, as fundamental legal instruments for the implementation of major projects that shape the territory, appear under the 1999 Expropriations Code to be only weakly connected with other intervention instruments, namely territorial planning instruments. The purpose of this article is to highlight some of the most important aspects of this lack of coordination and the difficulties that arise from it. Particular emphasis will be placed on the need to articulate the regime of expropriations for public utility with the issues relating to the implementation of territorial management instruments and, in particular, the need to connect expropriation valuation for compensation purposes with the equalisation of benefits and burdens resulting from planning instruments.