Vacant Properties and Requisition for Housing Purposes

Today, one of the greatest challenges faced by the legal system arises in the context of housing. The issue has multiple causes, among which the increasingly significant role of private and autonomous choices to keep properties vacant. It is peculiar to note the vast differences between the consequences that the legal system attaches to abandonment of real estate, versus those envisaged in case it is left vacant. While combating abandonment is supported by multiple powers (including ablatory ones), on the contrary, no effective tools are currently available to address the issue of vacant properties. This is a significant discrepancy, which implies a clear hierarchy of values: primary consideration is reserved for certain “goods” (salubriousness, safety, decorum) and rights (of property). Conversely, other claims (stemming from the right to housing) and primary duties (the social function of property) are manifestly undervalued. Taking the emphasis on the constitutional dimension of the right to housing and the social function of property as a starting point, this article lays out a proposal for the foundation of and limits on the establishment of a “new” power of public requisition of vacant private property, in line with the prevailing orientations in foreign legal systems.