The Supreme Administrative Court (STA) ordered the Porto City Council and the Ministry of the Interior to pay jointly 7.4 million euros to the owner of land expropriated in 2000 for the construction of the Alameda de 25 April.
The ruling, dated October 26, which Lusa read on Tuesday, partially upheld the appeal filed by the creditor, increasing the value of the compensation to 7.4 million euros, since this is the current value of the asset until 2022.
At stake are five plots of land with a total area of just over 50 thousand square meters, which were included in the declaration of urgent public use entrusted by the municipality of Porto, then led by the socialist Nuno Cardoso, for the construction of the Alameda de 25 de April, between Flores and Corujeira squares.
In an appeal to the Supreme Court, the owners’ representative alleges a number of irregularities in the process, even claiming that municipal services “manipulated” and “falsified” the Municipal Master Plan (MMP). by “drawing and sketching” it in the color of the project for which a declaration of public utility was being sought.
Despite several complaints and grievances filed by many owners of expropriated lands, the municipality took administrative ownership of the land in early 2001 and began work.
Three years later, in 2004, the STA overturned the order of the Minister of Local Government, which declared public utility and gave urgency to the expropriation of the above-mentioned lands on the basis of “error in assumptions” to act.
The decision took into account the fact that the expropriation was based on the fact that the avenue in question was a “road structure provided for in the consolidated plan of the PDM”, which was not true since the document provided for a street with approximately 15 meters and the length of the embankment was approximately 80 meters, two streets adjoined it.
Since the project had already been implemented and the roads had been open to the public for a long time, it was not possible to remove it from the public domain and therefore the “legitimate reason for non-execution” was found to be confirmed.
After carrying out several examinations, the Supreme Court in 2021 established the compensation due to the defendant in the amount of five million euros, holding the Ministry of the Interior and the Municipality of Porto jointly and severally liable for the payment of this compensation.
Having disagreed with the established amount of compensation, the creditor appealed to the State Tax Administration, which now agreed with him, understanding that the compensation due due to the impossibility of returning the asset must correspond to the “current value of this asset” declared for the year. 2022, since this is the latest date that the court can satisfy, in the amount of 7.4 million euros.
The Municipality of Porto also lodged an appeal with the STA, but in this case it was rejected.
Thanks to this decision of the Supreme Court, the owner of the land can claim compensation to the Porto Chamber or MAI.
Author: Lusa
Source: CM Jornal
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