"Dear Union,

since the Middle Ages, the rights of civic use are present in our region with the name of adempriviu.

These rights refer to the enjoyment in favor of the local community and not of a single individual or individuals who make it up; which, however, have rights of use as they belong to the same community that owns them.

In Sardinia, a notable step towards the elimination of all remnants of bygone times was made with the abolition of feudalism. Finally, the debate on the ownership of the land reached its final close, when a Commission was created to define the rules to be followed in the measurement of land, to be part of which was called the captain Carlo De Candia, former assistant of Della Marmora in the surveys of the 1835-38.

The total area of the island was divided into 44 census districts. The execution of the works, under the responsibility of a Directorate dependent on the Ministry of Finance, chaired by De Candia himself, with an inspector for each Province, was entrusted to surveyors assisted by helpers and appraisers. The operations began with the survey of the boundaries of state, municipal and private land and the verification of the parcels belonging to the hamlets identified on the basis of the existing planimetric works. A new union framework was drawn up for each municipality in which the hamlets were ordered alphabetically. The fractions were then reproduced in more detail in the single sheets of the tablet and were divided into particles numbered progressively starting from the fraction "A" up to the fraction representing the town. This numbering was taken up in the registers (sommarioni) in which, for each parcel, the name of the owner, the title of possession, the surface and the quality of the crop were indicated. The same plans created for the formation of the provisional cadastre served as a basis for the subsequent cadastres.

With the achievement of national unity and the proclamation of the Kingdom of Italy (1861), the new state administration also sought in Sardinia to complete the abolitionist design of civic uses already typical of various pre-unification states. Thus, with the law n. 2252 of 23 April 1865, for the abolition of the ademprivi and the rights of cussorgia, it was established that: 'All the uses known on the Island of Sardinia under the name of ademprivi, as well as the rights of cussorgia, are abolished. Any act of further exercise of these uses and rights constitutes a violation of the right of property, to which the Common Penal Code will be applied '(Article 1).

In various municipalities of Sardinia, in the first decades of the nineteenth century, a considerable amount of land already belonged to private individuals. Several communities did not exercise any right of ademprivio on their territory. In the feudal delivery of a municipality of Campidano, dated March 1839, compiled on behalf of the Royal patrimony, we read: 'There is no state-owned land in the village, nor ademprivile'. From the cadastral survey of 1842 it appears that almost the entire municipal area was made up of plowing land and vineyards. And this is the entire territorial portion that belongs to private individuals. The remaining portion was instead owned by the municipality, consisting of bushy lands of cistus and mastic left uncultivated.

Therefore, it is proven that in that municipality there was no ademprivio (civic use): as also demonstrated by various municipal resolutions. And this, contrary to what can be deduced from the relation of the 'Geis' and the subsequent determination of Argea. An entire fraction of the sommarione is excluded from the map of the municipalities of De Candia, contrary to what the aforementioned report indicates. Those lands are not indicated among the municipal ones, not even in the resolutions of the City Council of the first half of the nineteenth century. They result only from the summary, compiled after 1867, the year in which the rectification of the provisional cadastre compiled in the 1850s ended; mind you: about 80 years before the law of 1927 (and therefore, on a date that is anything but immemorial!). Conversely, the municipal lands are well defined in the De Candia report and in the relative map of 1842, as well as by the same documents of the Municipality, dating back to the same period (first half of the nineteenth century).

Very cordially ”.

Albino Lepori

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