Estimative problems of the tertium genus: Application of a parametric model to the expropriation of areas with a public destination

With the Constitutional Court ruling 181/11, the muchdiscussed tertium genus was substantially legitimized and consequently openly recognized by the Court of Cassation with a series of clear and recent ordinances. This so-called third nature of land is perhaps better classifiable as another type of unbuildable category, compared to that of the areas characterized essentially as agricultural. This is in compliance with the original interpretative dichotomy, still in force by a law based on art. 37 of the Presidential Decree (DPR) 327/2001, between buildable and unbuildable areas. The proclamation of the existence of unbuildable but not even agricultural areas1, poses estimative problems in certain circumstances that are well-known to the operators of the sector. However, in the case of areas that cannot be built on but without an agricultural nature, the complex specie of those falling in areas destined for equipment (infrastructures and hyperstructures) is considered and that are subjected to an exclusively public implementation initiative. For these areas, the absence of a direct reference market puts a strain on the principle of compensation based on the market value that was the key with which the ECHR undermined the compression mechanisms of compensation contained in the national standard and linked to parameters (VAM and cadastral income) detached from real commercial dynamics. This work, recalling and clarifying the aforementioned principle elements, draws the attention of the experts to a model developed at the University of Salerno under the coordination of prof. Nicola Morano (first professor emeritus of Appraisal in Italy) and remained unknown to most, to then apply it to a real case study in which the evaluation of land destined to the realization of a municipal level road is required.