War of Civic Uses, the Region is not constituted

It is a story as ancient as it is surreal. Fought to the sound of edicts and closende, of feuds and marquisates, complete with kings and feudal lords. The Sardinian case of Civic Uses is much more than an administrative affair, translated by the Sardinian Region into a modern "edict", signed by the Regional Department of Agriculture, with which, in 2005, the "medieval" bond was reaffirmed on most of the land of at least 160 municipalities in Sardinia. The papers tell of secular, civil and criminal disputes, with disputes not only between individuals, but also between opposing communities over the border land dispute.

Feuds and usurpations

From feuds to the usurpation of those pastures, with the law of the strongest imposing in every way the overbearing and unilateral use of those lands. A de facto indefinite good, belonging to everyone and nobody, most of the time hoarded with good or bad manners. How much this dispute belongs more and more to the Middle Ages can be perceived from the briefs presented against the appeal of the Municipality of Villasimius.

658 years ago

If the municipal administration had retraced the story of those lands starting from the Diploma of 8 November 1504 of the King of Spain up to the present day, the council minority went even further by recalling the act with which the lands of the then Carbonara, the current Villasimius, would have been enfeoffed by Pietro Quarto d'Aragona in favor of Berengario Secondo Carroz on no less than 18 July 1363. The beauty of 658 years ago. One thing is certain: yesterday morning the Sardinian Region did not show up for the appointment with history.

Desertion

The regional administration deserted, without public reason, the first "hearing" of the "trial" initiated by the Municipality of Villasimius against that determination of 24 February 2005 by the Regional Department of Agriculture with which the Civic Uses are reaffirmed in the coastal municipality on hundreds and hundreds of hectares of land. Region, therefore, unjustified absent, it is not known how much by choice or by macroscopic forgetfulness. Judge Paolo Corso, Sardinian Commissioner for Civic Uses, yesterday morning in the offices in via Pessagno, found himself facing only the Municipality of Villasimius, represented by the lawyers Stefano Ballero and Edoardo Spinas and the opposition in the City Council delegated to the lawyer Carlo Augusto Melis. The counter of the Region, on the other hand, is empty. The risk of transforming the dispute into a political battlefield led the magistrate to postpone everything to January 28 next to give the tenants of Viale Trento time to reconsider or to remedy the sensational flaw.

Forgetful or far-sighted

Not everyone believes the thesis of forgetfulness: the game is too big for the legal area of the Region to have forgotten to establish itself on an appeal that everyone knows to be a real "pilot" judicial act capable of undermining the regional provision with which Civic Uses were suddenly resurrected.

Three hypotheses

There are three hypotheses that can explain the "yellow" of this absence as sensational as it is unjustified: it was a political choice linked to the possible consequences on the maintenance of that act that reaffirms the Civic Uses, an assessment of the possible revocation in the self-protection of that measure of 2005 or, and it would be the most deplorable, an oversight on the part of the offices. Certainly the political choice of not constituting oneself would be the most meditated, precisely because the consequences of that regional act would be as heavy as they are unsustainable.

Everyone in the hotel

A simple reference is enough to what would happen if the Commissioner of Civic Uses were to consider that the reconnaissance and taxation provision of the Regional Department of Agriculture to be correct. The 5-star hotels, built even 50 years ago in those lands, between Notteri and Campulongu, (circled in the photo) sold by the Municipality of Villasimius complete with deeds of sale, if the disputed regional determination were correct, would be the prerogative of each individual citizen of Villasimius. The "cives", as the citizens enjoying the civic good are codified, could dispose of them as they wish precisely because they are built on land that the Region continues to consider burdened by Civic Use and as such not transferable. Moreover, the Municipality of Villasimius had initially given the task to its lawyers to initiate the procedures to implement the regional determination, that is to "drive" the owners of the subdivisions, residences, hotels away from those lands and reacquire them for civic use. It was the lawyers who made the municipal administration reflect on the consequences by pointing out the non-existence of those "Civic Uses" which, according to the appeal, were overcome by specific and general rules.

Viaticum

The fact that the Region was not established by choice could also be the viaticum for the Regional Commissioner of Civic Uses, the magistrate Paolo Corso, to decide to set aside that regional determination, closing this matter without further litigation. It would also be the simplest way to avoid taking on the burden of a revocation in the self-protection of that regional act, a hypothesis that the Region has already formally rejected, even if it has not yet communicated it to the Municipality of Villasimius which he had specifically asked for it.

Who would pay the damages

If the Region, on the other hand, were to insist on Civic Use, even if the political framework has changed compared to 2005, the coastal Municipality would prepare to attribute the consequent damages to the regional body given that the burden of the "reacquisition" and "Demolition" of hotels and subdivisions, villas and urbanizations will involve not only the cost of the value of the assets, but also the loss of income with a sure lethal blow to the tourist development of the entire territory. In this dispute, the Municipality of Villasimius, which claims those lands as exempt for decades, if not centuries, from Civic Uses, has on its side a flood of acts that nail down the Region.

Regional clearance

The document we are publishing, on the right in the photo, is one of the many clearances from the regional administration for the sale of those lands, considered free of any constraints and in full ownership of the Municipality. A document from 1963 with which the local authority councilor, through the Control Committee, returned the contract for one of those lands with a lot of green light. A sale of land that no one has ever contested. Acts that were carried out between a local authority, the Municipality of Villasimius, and many private citizens who also had the written obligation to use them to "build" their homes. Sales with a lot of notaries and clearance from the Region, at the time the control body of the acts of local administrations. To question everything means to eliminate centuries of legal history, with incalculable damage, if it is true, as it is true, that the case of Villasimius is the tip of the iceberg that risks blocking development and environmental protection throughout the island. with a "medieval" dispute that clashes with the reality of the facts and acts of history and beyond.

Referendum

The brief of the council opposition presented this morning to the Judge, opposed to the appeal of the Municipality of Villasimius, proposes the appointment of a special representation of citizens on the basis of a Royal decree of 1928. As if to say, we make the holders of the Civic Use decide. In one fell swoop, a century of civil law would be canceled, eliminating legitimate acts subjected to a judgment that would end up turning into an unprecedented war. The referendum would be explicit: do you want hotels, subdivisions, urbanizations to become the property of citizens and the private individuals who had bought and built them be expelled? If, hypothetically, he wins the Yes, the next day the town of Villasimius would be forced to bankruptcy.

Return to the Middle Ages

The damage that would be caused to the economic and employment fabric of the Municipality would be incalculable. Carefully, the accounts speak of half a billion, or 500 million euros, of damage to the owners of hotels and residences. In the end, however, the citizens would pay, dealing a lethal blow to the 1584 decree of 11 July 1853 (left in the photo) which transformed the hamlet of Carbonara into a municipality. In short, we would return to the Middle Ages, despite the third millennium.

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