Petruzzelli Theater, shock sentence: “It must be returned to private individuals”. Decaro: “So you risk the stop”

by time news

twelve o’clock, November 19, 2021 – 09:27

The owners will have to pay 43 million. The mayor by the minister

from Angela Balenzano

The “transfer of ownership” signed in 1896 is still valid today. II Petruzzelli theater of Bari thus returns to the family Messeni Nemagna. It no longer belongs to the Municipality, which instead will have to return it but the family, in turn, will have to return the sum of more than 43 million euros, the costs of reconstruction. This was established by the judges of the Court of Appeal of Bari who, overturning the first degree sentence, put an end to the dispute over the ownership of the theater, partially accepting the appeal presented by the family “given that – the sentence reads – the real estate complex , substantially destroyed and unusable as a result of the 1991 fire, was able to recover its former glory and, above all, full functionality, only thanks to the substantial and exclusive public economic support ». There is a second sentence, again by the same Court, which declared the 2002 memorandum of understanding which regulated the relations between property and local authorities ineffective, establishing that the reconstruction of the Petruzzelli would be the responsibility of the public part and that, once rebuilt, the foundation could manage it for 40 years by paying 500 thousand euros a year to the Messeni Nemagna family. The appeal of the Puglia Region was therefore accepted.

Decaro: “Petruzzelli’s activities risk stopping”

“Without wishing to discuss the sentence that deserves to be deepened by the defense of the Municipality, it is obvious – explains the mayor of Bari, Antonio Decaro – that the application of the same can lead to the suspension of the Foundation’s activities and cultural events already planned in the theater. Petruzzelli. This despite the enormous ascertained debt that the heirs have towards the State ». The mayor will meet the Minister of Culture Dario Franceschini, in Rome on November 23rd. And he adds that “the second sentence cancels the 2002 protocol which, among other things, provided for an annual fee to be paid by the public for the use of the theater after reconstruction. The sentence to pay the heirs and the cancellation of the 2002 Protocol unfortunately do not avoid the obligation of the Municipality and the Foundation to return the theater which has been entirely rebuilt with public money. Our city has already suffered for too many years the absence of its most prestigious stage, and today this pronunciation risks bringing Bari back thirty years, depriving it not only of a cultural program that is finally up to its ambitions, but also of a reality that in recent years has become an indisputable symbol of our rebirth ».

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The judges: “The transfer of ownership of 1896 is still valid”

With a resolution of 2010, «the Municipality of Bari – the judges wrote in the first sentence – claimed ownership of the Petruzzelli Theater assuming that the surface right had ceased for the expiry of the maximum duration of the concession, equal to 99 years; that the concession of the surface right, lasting 99 years, had expired on 28 January 1995; that the concession was forfeited due to the lack of maintenance of the theater for 18 months and the failure to reconstruct within three years of the destruction following the fire in 1991 ». Reasons for the decision, the judges explain that “in the case in question it was a transfer of ownership with acts of a private nature” and that on 29 January 1896 when the Municipality of Bari granted Antonio Petruzzelli “the free and perpetual occupation of the of public land for the purpose of building a theater “, he did not sign” a deed of occupation or concession of the land “, but” transfer of ownership “, which is still valid today. The judges conclude that “the dominical right of Petruzzelli’s heirs originating from the nineteenth-century conventions, cannot be considered in any way lapsed, since the public parties do not adopt any supervening title capable of causing the loss of the original transfer of ownership”.

November 19, 2021 | 09:27

© Time.News

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