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]

Abstract

The estimated compensation provided for damage to property deriving from the remedial acquisition pursuant to art. 42-bis of the Consolidated Law on Expropriations (Presidential Decree 327/2001), raises some questions both of a general and an applicative nature. This study, on the one hand, defines the contours of the estimation problem so as to frame it within the principles and postulates of the doctrine, and on the other, it pro-vides the operational indications that are necessary to face the practical determination of the compensation.The two are obviously closely connected. The discussion and the conclusions provide food for thought on issues involving the real estate appraisal and the legislation on expropriation.