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Legal-tax information: Civic uses

Legal-tax information: Civic uses


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Civic uses (Il Contadino July 1999 - by Avv. Mario Casari)

Civic uses are rights of use that belong to those who make up a particular community. This use is manifested in activities related to the enjoyment of a certain asset such as: enjoying grazing, making wood or using forest products, sowing land, etc. They go back to old collective rights before the communes even arose; then when the property passed to the Municipality as a representative body of the community, the individual citizens were still entitled to the relative right. They are inalienable and imprescriptible rights and are not subject to trade. They belong to the populations of a specific territory where they live and are subject to the legal regime of state property. These are free rights because the individual citizen is the owner of the use, at most the service for such exploitation can be paid. They have lost their relevance with the changing economic situations for which they no longer respond to that character of necessity of the past; so much so that the Administrations facilitate their relief through the so-called franking and liquidation procedure, giving the possibility to the owners of the encumbered land, to release them by paying the Municipalities a price that can be in kind (part of the fund) or through a capitalized fee. The land used as pasture and forest must be managed according to the rules of the forest law which provide for the establishment of special companies for the management of related economic plans, followed by subsequent municipal regulations. Nor can private individuals claim any right for usucapion or for any other use on goods subject to civic use which, however, even if temporarily not exercised, are in any case always existing. Civic goods should be enjoyed in kind. It is obvious that if for practical reasons the Administration were to collectively cut and invoice for wood or other materials and deliver the quantities assigned, it could demand reimbursement of the costs incurred without obtaining profits. Only after these rights have been satisfied in nature can the slow administrator sell the herbs, wood or exuberant timber for the benefit of the Administration. For sale you can understand any other way of exploiting the product such as rent, concession in use, etc.


Val Rendena - Trentino


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