25 Sep illegal subdivision and confiscation

On the subject of illegal subdivision, the effective and complete elimination of all the works and subdivisions carried out in implementation of the subdivision intent, which is achieved, in the absence of definitive transformations of the territory, the land and cadastral reorganization of the places in the pre-existing state ascertained in the judgment makes the confiscation of land superfluous, because it is a disproportionate measure in the light of the evaluation parameters of the property protection principle, in art. 1, prot. 1 of the EDU Convention (as interpreted by the ruling of the ECtHR of 28/06/2018, GIEM srl against Italy; Cass. 12640/20).