The joint owners of immovable property in Xagħra failed to convince the European Court of Human Rights the government had acted incorrectly with them when it took over their land 36 years ago.
The six applicants owned two pieces of land in Xagħra that was taken over by the government by virtue of an acquisition order in November 1983. No offer for compensation had been made as the authorities were in duty bound to do by law.
In view of the fact that no official action had been taken to regularise the situation they instituted a constitutional case in 2004. The owners claimed a violation of their right to property since they had received no compensation, also complaining they had not been given access to a tribunal to force the authorities to pay them.
The deed of transfer of the land in question was finally published 10 years later and the owners were paid €1.3 million, which was the value established by the Land Arbitration Board, plus interest. However, the interest was calculated as the average between the amount initially offered by the Land Commissioner and that decided by the Land Arbitration Board.
The owners felt their property rights had been breached, arguing that the…
