There is 2.8 hectares of land, which the owners say is worth 2.8 million euros, which was expropriated in 2000 for the construction of the stadium and Parque Norte, and which Braga’s City Council must return to the owners, or alternatively to compensate them. But the case must end in court, which will be responsible for resolving the dispute.
As far as O MINHO found out, the government supported the family, represented by Maria Antonieta Campos Neves, which gave it the right to repentance, according to the provisions of the Expropriation Code, Law 168/99. The order from the Directorate-General for Municipalities considers that the 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 turnaround, the family said they were worth 100 euros per m2, but the mayor rejects that hypothesis. “We are always available to listen to suggestions, but we do not see how it will be possible to pay what is overpaid for what was paid in gold,” says Ricardo Rio.
The parties say they are ready for dialogue, but it is more likely that the case will end up in the Supreme Administrative Court.
The lawyer, representing the House, Paulo Viana, explained to MINHO that it is not clear that there has been a change in the expropriation purposes, as the fire station is a municipal structure and SC Braga Academy pursues similar public interests. the municipality. “Both are the ends of municipal public interest,” he stressed.
Luís Tarroso Gomes, who defends the family, said that the majority of the expropriated agricultural land was used for its intended purpose, an access lane to the stadium, the pools and others, but the current part was used for private purposes, in the case of SAD for the Braga club: “The House spoke not, and does not want to, with the owners who knew that the land was transferred to the club via 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 could not discern the amount paid per m2 for the expropriation of the farm, but Ricardo Rio points out that it was after a dispute, after paying an amount ten times higher than what the house had originally offered.
The government should have decided, under legal terms, in a few months, but it took more than three years to do so.
In 2017, the House answered the question from the Directorate-General that there is no reason for the conversion and that the land, if any, is worth less today than 16 years ago. And he added: “The ends are identical: the construction of a sports and leisure area that includes circles for the public and green areas. And that the academy received an opinion on the general benefit of the current government ”.
The municipality thus defended that there was no reason for repentance, but emphasized that, if any, “this would mean a significant profit for the House’s coffers, as the land was expropriated by unreasonable means and thus we would have significant profits”.
The request to the Secretary of State for Local Authorities – signed by lawyer Luís Tarroso Gomes – recalls that the expropriation was made as an urgent matter for “the implementation of the construction of a city park north of the city”. Delivery to the club – he claims – does not fall within the scope of the declaration of general use. What – he defends – prevents the construction of the park.
“As a result, the right to convert the properties that are not used for the purpose of expropriation helps the expropriated property under Article 5 of the Expropriation Code,” he claims.
How much are they worth?
Upon termination, an assessment will be made as to whether the case reaches the court. The expropriated family says they are worth 100 euros m2, the house they are worth much less. When this happens, six or seven years from now, the value of the works must still be known, such as the barracks and the Academy’s buildings. If they are worth less than the land, return to the owner. If they have a higher price, the owners must get back the amount above.
And they can demand that everything be restored to its original form. The House claims that they can be expropriated again for public use. The owners say that there can be no two expropriations for the same purpose.
The owner asked for 1.4 million from SC Braga
The same family owns a strip of 14,000 m2 in the form of a triangle, parallel to Avenida do Estádio and adjacent to the barracks. It was expropriated in 2000 by the House, but ex-President Mesquita Machado agreed to return it and made a bill. This area, which was part of the SCBraga Academy’s original project, as an entrance, was intended by the club.
The owners asked for 1.4 million – “negotiable” – Braga’s president, António Salvador, offered 400 thousand. The project must be changed.