Temporary occupation refers to when a public body takes possession of an asset. There are two distinct types for assets subject to a compulsory purchase order and those that are NOT subject to such an order.
In the case of temporary occupation of assets NOT subject to a compulsory purchase order (art. 49 of Presidential Decree 327/2001) – for example to establish a worksite – the occupation does not presuppose the subsequent purchase of the property.
In the case of the temporary occupation of assets subject to a compulsory purchase order, the law (in particular art. 22-bis of Presidential Decree 327/2001) allows the acquiring authority to issue an order granting it possession of the asset whilst deferring its purchase until a later date. This is done in cases permitted by law, in the event of urgent need or where there are more than 50 owners whose properties are to be purchased. In this case, the owner is due compensation for temporary occupation, with the value of such compensation calculated in accordance with art. 49 of Presidential Decree 327/2001. This is paid until the issue of the compulsory purchase order, when the temporary occupation ceases and the compulsory purchase compensation is paid. In the event of a usage fee agreement under art. 22-bis, such an arrangement makes the property available sooner. In this case, in addition to compensation for temporary occupation, the owner also receives compulsory purchase compensation (80% in the case of an agreement).