New step forward for the project Bridge over the Strait of Messinawith the start of the intermediate phase for the expropriate. At the beginning of April, the company of the same name Stretto di Messina published on its website the notice of proceedings for theacquisition of properties and land, with complete lists of all buildings that could be affected by the expropriation. The same notice was then re-launched on the institutional portals of Sicily and Calabria, as well as on the relevant registers.
But how does the expropriation for the construction of the Bridge over the Strait of Messina work and, above all, which properties will be subjected to this measure? First of all, it is necessary to reiterate that, at the moment, the start of the procedure is in its preliminary phase: in fact, it will be necessary to wait for the approval of the definitive project by the Interministerial Committee for Economic Planning and Sustainable Development (CIPESS). In the meantime, interested parties can contact the information desks made available to the population.
What are the expropriations for the Bridge over the Strait of Messina
The Bridge over the Strait of Messina will be built at the point of shortest distance between Sicily And Calabria. For this reason, part of the load-bearing structures of the work will rest on areas that are currently inhabited, in particular involving the areas of Torre di Faro in Sicily and Villa San Giovanni in Calabria. For this reason, the State needs to expropriate some properties to proceed with the construction of the infrastructure. But what does this procedure involve?
How expropriation works
The institution of expropriation is provided for by Constitution, in article 42: in the cases provided for by law, private property can be expropriated for reasons of general interest, such as the construction of an infrastructure from which everyone will benefit. To proceed, however, it is necessary:
- provide sufficient notice to the parties who will be affected by the expropriation;
- ensure a adequate compensation.
With the publication, last April 3, of theexpropriation notice and the related documentation – more than 1,500 pages – on the land and buildings that will be involved, the proceeding phase has officially begun. By consulting the available documentation, citizens will be able to verify:
- the cadastral data of the properties and land involved;
- their intended use;
- the geographical position of the same, with the relative maps;
- the personal data of the owners.
Between common most affected by the works and expropriations, the following are listed:
- for Calabria: Campo Calabro, Gioia Tauro, Limbadi, Nicotera, Seminara, Terranova Sappo Minulio, Varapodio, Villa San Giovanni;
- for Sicily: Messina, Saponara, Torregrotta, Valdina, Venetico, Villafranca Tirrena.
To date, the project involves the expropriation of various properties and commercial activities in the two areas where the supporting pillars of the bridge will be built, with an extension of approximately 250 meters in all directions with respect to the position of the columns themselves. Before the expropriation becomes operational, however, the project will need final approval from CIPESS.
Starting from 8 April, citizens will have 60 days to consult the complete lists and, if necessary, request assistance or clarifications at the relevant desks.
What can those affected by the expropriation do?
Following the publication of the expropriation notice, as already mentioned, citizens are granted a 60 day period – the deadline is set at June 7, 2024 – to request information and make any observations.
To proceed, several channels have been made available:
- The information desks open both in Calabria and Sicily, respectively in Villa San Giovanni in via Nazionale Bolano 541 and in Messina, in viale Boccetta 373;
- the telephone numbers 06-85826210, 06-85826230 and 06-85826270;
- L’PEC address [email protected] or, alternatively, via registered mail to the registered office of the company Stretto di Messina SpA, in via Marsala 27, 00185, Rome.
What happens with the definitive expropriation for the Strait Bridge
In this intermediate phase of the expropriation procedure, all the information will be collected citizens’ comments – real estate or land owners – involved in the measure. After that, we will have to wait for the final approval of CIPESS and the subsequent declaration of public utility of the work. At this point, the interested parties will be directly contacted and the actual expropriation phase will begin.
Citizens have the right to make an agreement with the Strait of Messina Society for one amicable expropriation procedure, with the recognition of compensation for the property that will be lost. If the amicable agreement is successful:
- L’80% of the compensation will be paid 60 days aftergood-natured agreement;
- The 20% will instead be paid at the time of the notarial deedwhen ownership of the expropriated land or property passes to the state.
If it is not possible to reach an amicable agreement, the owners involved have the right to request the determination of the compensation following the administrative or judicial channels. Generally speaking, when there is an expropriation procedure you have the right to:
- proceed with a appeal to the TAR if the expropriation measure is not considered legitimate;
- proceed with a appeal to the Court of Appealif the compensation is not considered adequate.
The advice is to rely on the branches made available in the area, as well as to take advantage of other information channels and, if necessary, make use of the advice of a lawyer.
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