La determinazione dell’indennità di asservimento di terreni a fini di regimazione idrica

In recent years, Italy has been seriously affected by meteorological events characterised by intense precipitations in a short period, causing significant damages (such as landslide, erosion and so on) especially where the territory management has been neglected for a long time; it must be considered that with climatic change these events will worsen over time. Given this situation the Public Administration should pursue the urgent goals of reducing risk and ensuring water safety, studying and executing appropriate solutions and measures to contain surface water such as detention basins and similar. These structures should ideally be located in extensive level agricultural areas (cultivated or not), choosing strategic sites along the rivers’ or streams’ bedwaters in order to manage the water runoff and control extreme floods. An event of flooding shows irregular frequency and it cannot be forecast certainly. Regarding the land involved by flooding prevention measures, a part of it may host permanent structures and/or tools for water detention, the other surface will contain waters which permanency on this land limits the landowner’s property right and firm’s economic activity, also damaging sometimes current and future crops. Acquiring suitable areas through an expropriation act is often a difficult burden to sustain for the Public Administration also because of their expensive management and maintenance costs. In this case flood easement may be a good balance between the exploitation of areas located in a strategic position for flooding detention and the usual agricultural activities carried out on that land. Most importantly, easement is only a right to use the land leaving the property right to the owner of that land. In Italy, easement is regulated by law (the Italian Civil Code considers different types of easement) and widely dealt with in the literature but there are still no national regulations about the particular type of agreement surveyed in this paper (flood easement); As yet, we still have no calculation criteria for the landowner’s compensation. In this work, which is still at a preliminary stage, the Authors analyse the legislation and the available literature and propose a methodology of calculation in case of flood easement compensation, viable in different areas and situations