Comment on the Order No. 19806 of 2024: Compensation and Prescription

The recent Order No. 19806 of July 17, 2024, from the Court of Cassation represents an important intervention regarding compensation for damages resulting from public utility works. In this context, the Court reaffirmed some fundamental principles regarding the prescription of the right to compensation, clarifying the start of the term and its implications for property owners who suffer permanent damage.

The Legal Context and the Ruling

Article 44 of Legislative Decree No. 327 of 2001 establishes the methods of compensation for property owners who suffer permanent damage due to the realization of public utility works. The Court of Cassation, in its order, emphasized that such compensation is attributable to a lawful activity that produces a permanent "deminutio," influencing the owner's ability to enjoy the property.

The compensation referred to in Article 44 of Legislative Decree No. 327 of 2001 - due to the owner of the property suffering permanent damage as a result of the realization of a public utility work - constitutes compensation for a lawful activity that produces a permanent "deminutio" affecting one or more of the possibilities of enjoying the property, with the consequence that the related right is subject to prescription within a period of ten years, starting from when the private individual begins to suffer the prejudice or from the moment the public work becomes operational.

Prescription and Commencement of the Right to Compensation

A crucial aspect that emerged from the ruling is the issue of the commencement of prescription. The Court clarified that the right to compensation is subject to prescription in ten years, starting from the moment the private individual begins to suffer the prejudice or from the opening of the work to public transit. This principle is fundamental for property owners, as it establishes a clear deadline within which they must exercise their right.

  • The prescription period is set at ten years.
  • The commencement begins from the moment the damage occurs or from the opening of the work to the public.
  • The right to compensation is not subject to prescription periods related to actions for damages from emissions.

Conclusions

In conclusion, Order No. 19806 of 2024 significantly clarifies the methods of compensation for damages suffered due to public works, establishing a clear and defined prescription period. This intervention by the Court of Cassation provides greater certainty to property owners and represents an important step towards the protection of citizens' rights in relation to public utility works. Interested parties should pay attention to these aspects to ensure the proper exercise of their rights.

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