CORIGLIANO-ROSANO The eviction order already issued by the Municipality of Corigliano-Rossano for the Insiti building is fully legitimate; the private individual is obliged to immediately release the illegally occupied property. This was decided today by the Council of State with a widely reasoned sentence which definitively concludes the long-standing affair between the public body and the private unauthorized occupant of a public property.
The case
This matter began, in a first phase, in civil proceedings and ended with the ruling of the Court of Castrovillari n.288 of 8 November 2022 which rejected the request for adverse possession proposed by the private individual.
By virtue of this decision, challenged before the Court of Appeal, the Municipal Administration had initiated further actions to regain full possession of the property for the benefit of the community. To obtain this result of public utility in the shortest possible time, in fact, the Municipality issued, through the Director of the Heritage sector, an order for the immediate clearing of the area with the aim of anticipating the timing of a possible further judgment .
This resolution was committed by the occupier before the administrative judge and in September 2023 the Calabria Regional Administrative Court established the illegitimacy of the eviction order.
The Municipality of Corigliano Rossano appealed against this ruling before the Council of State which with today’s ruling established that the reasons underlying the eviction order were well founded.
The ruling states: «Once it has been verified that the area continues to be illegally used for private use, the municipality legitimately and dutifully activated its power of executive self-defense pursuant to art. 823 of the civil code, which can also be exercised to protect the assets of the unavailable heritage”.
The settlement of this dispute, strongly pursued by the municipal administration since its inception, represents a success for the entire community which regains possession of an asset that was illegally occupied for too many years.
Stasi: «Victory of the city»
«The Insiti Sports Hall definitively returns to the hands of the Municipality, therefore of the city – declared the mayor Flavio Stasi -. In five years we have managed to recover, act after act, trial after trial, sentence after sentence, an embarrassing administrative, judicial and moral disaster built in previous years by a ruling class which, coincidentally, today is all against us. We always play to win, down to the last drop of sweat, and our team is called Corigliano-Rossano. It’s not the first victory and it won’t be the last.”
