Order No. 17104 of 2024: Jurisdiction over Public and Private Roads

The issue of jurisdiction over public and private roads is of significant importance in the Italian legal landscape. Order No. 17104, dated June 20, 2024, provides significant insights for understanding the boundaries between the competencies of public administration and the rights of private individuals. In particular, this ruling from the Court of Cassation clarifies that the registration of a road in the list of public roads serves a purely declarative function, paving the way for jurisdictional questions involving the ordinary judge.

The Declarative Function of Municipal Registration

According to the ruling, the registration of a road in the list of public roads by the Municipality does not automatically determine the public nature of the road itself. It serves a declarative function of the Municipality's claim and translates into a presumption of publicity. This means that mere registration is not sufficient to establish rights of public use, as it is possible to provide contrary evidence regarding the nature of the road or the non-existence of rights to enjoyment by the community.

The registration of a road in the list of public roads or burdened by public use serves a purely declarative function of the Municipality's claim and establishes a simple presumption of publicity, which can be overcome by contrary evidence regarding the nature of the road itself or the non-existence of a right to enjoyment by the community; it follows that the dispute regarding the property, public or private, of a road or the non-existence of rights of public use over a private road is devolved to the jurisdiction of the ordinary judge, as it involves the ascertainment of subjective rights, whether of private individuals or public administration, even when the request formally concerns the annulment of the classification measures of the road, since the substantive petitum, not being directed at reviewing an authoritative measure of the P.A., actually has the nature of a petition for ascertainment.

Jurisdiction and Subjective Rights

A crucial aspect highlighted by the order concerns the jurisdiction of the ordinary judge. The Court establishes that disputes regarding the property, public or private, of roads and the non-existence of rights of public use on private roads must be dealt with by the ordinary judge. This is particularly significant as it implies that, even if the annulment of road classification measures is requested, the underlying issue is of a substantive nature and pertains to the ascertainment of subjective rights.

Conclusions

In conclusion, Order No. 17104 of 2024 represents an important milestone in understanding jurisdiction over roads. The distinction between the declarative function of municipal registration and the possibility of contesting such registration with contrary evidence is fundamental for resolving potential disputes. The issue of the jurisdiction of the ordinary judge regarding rights of public use and the ownership of private roads offers a clear legal framework, useful for both legal professionals and citizens interested in understanding their rights.

Bianucci Law Firm