WHAT TREATMENT WILL APPLY TO BUSINESSES SUBJECT TO A COMPULSORY PURCHASE ORDER?
There are specific forms of compensation available for businesses.
Businesses or manufacturers will be paid an initial portion of the compensation due. This cannot be less than 50% of the total amount due (to be determined on the basis of market value or reconstruction value plus the value of the land on which it is located) prior to compulsory purchase. This will enable the owner to purchase or rebuild a new facility. In the hope that the business can relocate, any revenue lost as a result of closure of the business due to the compulsory purchase will be compensated for. If it is not possible to relocate the business and, as a result, the business is permanently closed, the level of the related compensation will be assessed (based on the business’s recent annual financial statements).
If a voluntary contract of sale is concluded within 30 days of effectiveness of the declaration of public interest, the provisions of art. 3-bis, paragraph 3-ter of Law Decree 35/2023, as amended by Law Decree 89/2024, will apply. This means that the market value, determined as above, will be increased by 9% for covered areas and 3% for uncovered areas.
To ensure that the business can restart, businesses whose owners have entered into a voluntary contract of sale within the above deadlines, will also receive compensation to cover the loss of any equipment, machinery and materials, or the cost of their recovery and transfer. The acquiring authority will pay the above compensation within thirty days of the date on which the sworn appraisal, attesting to the amount and fairness of the costs, is filed. Such an appraisal also takes into account any remaining depreciation.