On the subject of mining law,our order outlines the meaning of mine only from the “static” point of view and leaves the interpreter with the arduous task of interpreting the concept in its purely dynamic meaning that is the cause of the state acquisition of the field.
In fact, the economic exploitation of the mineral field has resulted from the state’s interest in cultivation, which incorporates the mine asset within its own assets. an exception to the principle of vertical individuality of land ownership enshrined in art. 840, paragraph II c.c.: “The property of the soil extends underground with everything in it. The landowner cannot object to third-party activities that take place at such depth underground or that height in the space above that he has no interest in excluding them.”
When a deposit is discovered, the state then becomes the owner of the mining site and grants the concession for cultivation to third parties, according to the rules laid down in the Articles. 14 and ss of R.D. 1443/1927.
When the mine is exhausted, the mining constraint falls and the area returns to the full availability of the owner.
With the important innovations introduced by theArt. 5 of the D.lgs. N. 85/2010, in fact, the mines were attributed to the available assets of the provinces thus erasing the constraint of destination of the mining goods.
Our firm assists companies, individuals and public administrations in all judicial and extrajudicial phases relating to the very delicate subject of mining law, quarries and peat bogs,with reference to the operations of safety, recovery and environmental recomposition,in all the authorised and control phases, as well as enhancement of disused geomining assets.