Oristano: Farmers Defeat Land Reclamation Consortium in Court
The Supreme Court judges: irrigation fees expire after 5 yearsPer restare aggiornato entra nel nostro canale Whatsapp
The old irrigation fees are no longer due. "The statute of limitations for consortium contributions is five years, not ten years." This was ruled by the judges of the Supreme Court of Cassation, ending a dispute between numerous farmers in the Oristano area and the Land Reclamation Consortium. The first rulings have now been issued in favor of four users (represented by Cagliari lawyers Giovanni Dore and Sara Garau), but further rulings are expected.
The story
The case dates back to 2017, when hundreds of farmers received payment notices from Equitalia for irrigation contributions due to the Land Reclamation Consortium for 2006, 2007, and 2008. Many challenged the notices and appealed to the Provincial Tax Commission, requesting the annulment of the collection notices because they had expired.
The Consortium's defense, however, insisted on the ten-year statute of limitations; furthermore, it pointed out that even the short statute of limitations had not yet expired because it had been interrupted by the 2008 Framework Law on Land Reclamation Consortia, which had suspended the collection of irrigation fees.
The case continued through a series of appeals, initially with a verdict in favor of the Consortium, then overturned on appeal, and finally the Supreme Court of Cassation closed the case, upholding the farmers' claims, who will now be able to request reimbursement.
