Judgment TAR Campania, Salerno, Sec. I, 19.5.2022, no. 1334 Single Authorization Procedure with expropriation constraint: timeliness of the action

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The TAR Campania – Sec. detached of Salerno has ruled on the appeal brought by some private parties against the communication with which the Campania Region, in its capacity as expropriating party, made known to the parties involved in the expropriation procedure the approval of the project for the construction of a wind farm with a capacity of 39 MW and related grid connection works (works that, pursuant to Article 12 of Legislative Decree no. 387 of 2003, “are of public utility and cannot be delayed and urgent”).

In the opinion of the Regional Administrative Court, if it emerges, even at trial, that the proceeding administration has previously correctly communicated to the interested parties the start of the procedure for the affixing of the expropriation constraint in the Single Authorization pursuant to Art. 12 of Legislative Decree No. 387 of 2003 by posting the notice on the Municipal Register and publication in a newspaper of national circulation pursuant to Art. 11 of Presidential Decree No. 327 of 2001, an action that is brought after the expiration of the deadline for publication of the notice on the Praetorian Register (in the present case: only once the notice declaring the approval of the project in the Single Authorization has been received) is to be considered inadmissible.