Stretto di Messina S.p.A. > FAQ > DOES TEMPORARY OCCUPATION IN CERTAIN CASES ENVISAGE THE RETURN OF THE PROPERTY TO THE OWNER?

DOES TEMPORARY OCCUPATION IN CERTAIN CASES ENVISAGE THE RETURN OF THE PROPERTY TO THE OWNER?

Temporary occupation envisages the return of the occupied areas to owners unless the temporary occupation regards assets subject to a compulsory purchase order.
As explained in the response to the question “What does “temporary occupation” mean?”, temporary occupation provided for under art. 49 of Presidential Decree 327/2001 does not involve the later purchase of the property and is different from the form of temporary occupation where the assets are subject to a compulsory purchase order under art. 22-bis of Presidential Decree 327/2001. Ownership of the asset occupied under art. 49 of Presidential Decree 327/2001 is thus returned to the owner, who is paid compensation set, as provided for by art 50 of Presidential Decree 327/2001, at a twelfth of the market value of the occupied property for each year, calculated over the period in which the owner does not have access.