There are 2.8 hectares of land, which the owners say is worth 2.8 million euros, expropriated in 2000 for the construction of the stadium and Parque Norte, and which the Braga City Council will have to return to the owners, or, alternatively, to compensate them. But the case must end in court, who will be responsible for deciding the dispute.
As far as O MINHO learned, the government gave reason to the owning family, represented by Maria Antonieta Campos Neves, giving it the right of reversal, provided for in the Expropriation Code, Law 168/99. The order of the General Directorate of Municipalities considers that that area, where the municipal fire station was built and part of the SC Braga Academy, was not used for the construction of a city park, but for other purposes.
When he asked for the reversal, the family said they were worth 100 euros a m2, but the mayor rejects that hypothesis. “We are always available to listen to proposals, but we do not see how it will be possible to pay whatever is overpaid for what was paid in gold,” says Ricardo Rio.
Order determining reversal of expropriations to which MINHO had access
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The parties say they are ready for dialogue, but it is more likely that the case will end up in the Supreme Administrative Court.
To MINHO, the lawyer representing the Chamber, Paulo Viana, explained that it is not liquid that there has been a change in the purposes of expropriation, since the Fire Station is a municipal structure and the SC Braga Academy pursues similar public interest purposes. those of the municipality. “Both are ends of municipal public interest”, he stressed.
Luís Tarroso Gomes, who defends the family, said that the majority of the expropriated farm area was used for the intended purposes, an access lane to the stadium, the pools and others, but the part in question was used for private purposes, in case for the SAD of the Braga club: “The Chamber did not speak, nor does it want to, with the owners who knew that the land was transferred to the club through the media”.
The lawyer says that the land was expropriated for the construction of a Park for public use, but ended up in the hands of a private entity, SAD do SC Braga.
MINHO was unable to discern the amount paid per m2 for the expropriation of the farm, but Ricardo Rio points out that it was after a dispute, having paid an amount ten times higher than what the Chamber had initially offered.
Counter versions
The government should have decided, under legal terms, in a few months, but it took more than three years to do so.
In 2017, when questioned by that Directorate-General, the Chamber replied that there is no reason for the reversal and that, if any, the land is worth less today than it was 16 years ago. And he added: “The ends are identical: the construction of a sports and leisure area that includes circuits for the public and green areas. And that the Academy received an opinion of public utility given by the current Government ”.
The Municipality defended, then, that there was no reason for reversion, but underlined that, if any, “this would mean a considerable gain for the Chamber’s coffers, since the land was expropriated by exorbitant funds and thus we would have considerable profits”.
The request made to the Secretary of State for Local Authorities – signed by lawyer Luís Tarroso Gomes – recalls that the expropriation was made as a matter of urgency for the “execution of the construction of an urban park north of the city”. Delivery to the club – he argues – does not fall within the scope of the Declaration of Public Utility. What – he defends – prevents the construction of the park.
“As a result, the right to reverse the properties not applied to the purposes of expropriation assists the expropriated property, according to article 5 of the Expropriation Code”, he maintains.
How much are they worth?
In case of termination, an assessment will be made if the case reaches the Court. The expropriated family says they are worth 100 euros m2, the Chamber they are worth much less. When this happens, six or seven years from now, the value of the works will have to be known, such as the barracks and the buildings of the Academy. If they are worth less than the land, revert to the owner. If they have a higher price, the owners will have to be reimbursed with the amount above.
And they may demand that everything be restored to its original form. The Chamber argues that they can be expropriated again for public use. The owners say that there can be no two expropriations for the same purpose.
Owner asked 1.4 million from SC Braga
The same family owns a 14,000 m2 strip, in the shape of a triangle, parallel to Avenida do Estádio and bordering the land of the Barracks. It was expropriated in 2000 by the Chamber, but ex-president Mesquita Machado agreed to return it, making a reckoning. This area, which was part of the initial project of the SCBraga Academy, as an entrance, was intended by the club.
The owners asked for 1.4 million – “negotiable” – the president of Braga, António Salvador, offered 400 thousand. The project had to be changed.
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