La retrocessione dei beni espropriati in attuazione del piano per gli insediamenti produttivi

[Autom. eng. transl.] The ruling in question offers the starting point for dwelling on the institution of the retrocession of expropriated assets in execution of a plan for productive settlements. In the opinion of the Council of State, even after the expiry of the ten-year term of effectiveness of this plan, the retrocession of the unused areas is subject to a determination by the administration as to the convenience of using them, which can be limited in court and in respect of which the private individual has a legitimate pretensive interest and not a subjective right; moreover, after the expiry of the effects of an implementation plan, the constraints preordained for expropriation lose efficacy, while the intended use of the areas already impressed by the urban planning instrument remains until new regulations, so that the municipal administration can issue the titles necessary to implement the plan on areas already acquired even after the ten-year deadline has expired.