Family's right to enjoyment of property violated

The European Court of Human Rights has ruled that a family's right to enjoy their property was violated 35 years ago when two pieces of land had been expropriated, supposedly for public use.

The case was instituted by the Schembri family against Malta over two pieces of land in Għaxaq measuring just over 2,000 square metres.

The land was expropriated in February 1974 on the premise it was required for public use and was to be acquired by outright sale. Nine months later, the applicants were offered the sum of under €6,988 (Lm3,000). The landowners refused the offer and, in 1990, started proceedings before the Land Arbitration Board. Five years later, the board ordered the family to transfer the two plots of land to the government and established the amount of compensation at €648 (Lm278) for one plot and €16,540 (Lm7,100) for the second.

The family did not give in because, according to their architect's valuation dated January 1993, the land was worth €244,584 (Lm105,000).

After toing and froing from one court to another in Malta, the case ended before the ECHR, which ruled that the family's right to enjoy their property had been breached. The court has yet to decide on the compensation due to the family, especially in view of the fact that the land in question today cost €2.2 million.

The family complained that between 1974 and 1998 the two plots had not been used for any public purpose, apart from the placement of a commemorative plaque in 1979.

Most of the land remained a field covered in soil, four units were built and leased to private individuals.

But the Attorney General rebutted the arguments, saying the land at issue was used to form part of a road, more than 90 per cent of it was taken up for a public garden and the rest to site a bus shelter, a commemorative plaque, a niche and four garages.

He said the land had been expropriated in order to build a public garden in connection with a housing estate.

In one of its cases before the local courts, the family won €700 compensation from the government for the violation of their right for a hearing within a reasonable time.

Commenting about this, the ECHR said this was at least 30 times lower than the compensation that would have been given in Strasbourg.

It, therefore, considered the redress afforded to the family as being insufficient.

The ECHR also noted that the value of the land set by the Land Arbitration Board, although higher than the initial offer, was well below the market value at the time.

It said that, although some use had been made of the land, it would in practice be impossible for the family to enjoy, sell or develop the property. It, therefore, ruled there had been a deprivation of possession.

The family was represented by lawyer Tonio Azzopardi.

Attorney General Silvio Camilleri appeared for the government.