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The remedial acquisition of an asset that has been illegally occupied for public purposes, was established for the first time in the Italian legal system with art. 43 of the original draft of the Consolidated Law (C.L.) on expropriation (PD 327/2001). The provision was declared unconstitutional due to excessive delegation as per Constitutional Court Ruling no. 293 of 8.10.2010.The expropriation procedure, albeit reexamined in terms of the assumptions and application methods, was again introduced in the Consolidated Law on expropriation with art. 42-bis provided for by art. 34, paragraph 1, of the Law Decree n. 98 of 6 July 2011, converted into Law no. 111 of 15 July 2011 (Conti, 2012). The provisions of this new article have passed the scrutiny of the Constitutional Court 1.

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Compensation for assets without a market in the remedial acquisition pursuant to art. 42-bis of Presidential Decree 327/2001 [Stima dell’indennizzo per beni senza mercato nell’acquisizione sanante ex art. 42-bis del DPR 327/2001]