Gov’t ordered to pay more than MOP100mln in compensation for failure to register land expropriation

The Court of Second Instance (TSI) has ruled that the local government and municipal authorities will have to provide a compensation of more than MOP100 million (US$12.5 million) and return a land plot in Taipa to a company due to failure to register a land expropriation in 1918.

The case dates back to 1913 when an individual bought with a total of 24,498 square meters in land in Taipa, along Estrada Almirante Magalhães Correia, Estrada the Ponta da Cabrita and Avenida Padre Tomás Pereira.

Just five years later in 1918 that land was claimed by the then Government, which, according to the judgment published by the Office of the President of the Last Court Instance, never registered that action.

In 1994 local authorities built access roads to the Amizade Bridge on this land, occupying a total area of ​​4,235 square meters.

After several owner changes by privates and companies in 2005 an undisclosed company bought the land and registered the acquisition, but never took developed the area since it was walled and sealed by gates with locks, whose keys were in the exclusive possession of the Municipal Affairs Bureau (IAM), which prevented, in this way the access of others.

In 2008, the IAC came to occupy other parts of the land, building tents and porches on them and the next year the new owner asked city authorities to return the land to which was refused, then leading to the legal dispute over the area.

After a first decision by the Court of First Instance that was appealed by both parties, the TSI considered the company’s interested had been harmed since she purchased land without knowledge that the area was under public domain.

The court concluded that as the expropriation was never registered, the current company is thus recognized as the owner of the land with compensation due to the fact that the portion used by the roads cannot be returned.

Therefore the Macau SAR government was condemned to pay MOP31 million plus interest, and the IAM was ordered is to pay MOP45 million and MOP702,460.00 for each month after November 10, 2014, about MOP49 million.

The Public Prosecutions Office has already filed an appeal.