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Decree-Law No. 2/2024 establishing a special regime for the compensation of individuals whose properties they occupy were expropriated through a declaration of public utility and do not have any title proving ownership and possession of the land.

Country
Type of law
Legislation
Source

Abstract
This Decree-Law establishes a special regime for the compensation of individuals whose properties they occupy were expropriated through a declaration of public utility and do not have any title proving ownership and possession of the land. It applies to individuals who own urban and rural properties, including rainfed or irrigated properties affected by the implementation and development of projects declared to be of public utility. Owners are considered to be all those who, without having any valid occupation title, are in possession of the property as if they were true owners, without any opposition for at least fifteen years. This special regime also covers occupants who have registered in their favour for more than ten years, benefiting in this case from the presumption of ownership under the terms of article 1265 of the Civil Code, as well as those who have a private purchase and sale or purchase receipt and have been in possession of the property as true owners for more than ten years. Once ownership has been recognized and the beneficiaries of the right to compensation have been determined, the DGPCP sets the value of compensation to be proposed for the land based on the criteria defined in articles 22 et seq. of Legislative Decree No. 3/2007, of 19 July.
Date of text
Entry into force notes
This Decree-Law enters into force on the day after its publication.
Repealed
No
Serial Imprint
Boletim Oficial, I Série, No. 5, 15 January 2024.
Source language

English

Legislation Amendment
No
Original title
Decreto-lei n.º 2/2024: Estabelece um regime especial para a indemnização de particulares cujos imóveis por eles ocupados foram expropriados através da declaração de utilidade pública e não tenham qualquer título que comprove a propriedade e a posse do terreno.