RECONSTRUCTION AFTER THE DESTRUCTION OP WAR 6l 



modified, whether the}'- be proprietors, leaseholders or farmers, should be 

 specially inderrmified, the conmume bei»ig considered in this case as the 

 expropriator. 



When the plan for construction on the area to be redistributed has been 

 definitely fixed it cannot be modified during the process of redistribution 

 without the consent of the commission. The municipality may however 

 be asked to allow modification in order to facilitate redistribiition. In any 

 case the plan for reconstruction should be fixed before the plan for allot- 

 ment is determined. 



A fixed inter\'al will be allowed for bringing the public roads and squares 

 into good state, and authority to build may not afterwards be refused. 



In order to reach the object of redistribution the commission may pre- 

 ser\'e existirg services due from the land or create others. It may carry 

 over to an assigned parcel other rights of real estate, reserving a just in- 

 demnity, so long as the exercise of such rights does not notably prejudice the 

 holder ar.d they are not in opposition to the objects of redistribution. The 

 commission must also distribute, as far as is necessary, public charges bur- 

 dening real estate as a conseqvience of property in the soil. 



The plan for allotment must as far as possible be established with the 

 consent of those interested and in a manner which renders the paj-ment of 

 indemnities in cash superfluous. 



The arrangements made will be respected by the commission, which 

 will not be able to revoke them if the other owners of real estate accom- 

 modate themselves to any restrictions which may arise out of them, aud 

 if they are not prejudicial to the execution of the redistribution as con- 

 ditioned by the provisions of the present law. The same holds good when 

 these arrangements between the commune and the proprietors are not 

 binding in form. 



When in the matter of a discharge or assignment of indemnity the 

 interests of the commune are opposed to those of the proprietors, the pre- 

 sident of the district should give the proprietors a curator and representa- 

 tive. These may then form a community of interests and plead in a court 

 of justice. The curator has the status of a legal representative and can be 

 chosen from among the proprietors ; aad when he has been nominated the 

 commune must at his request advance to him his costs including those 

 necessitated by judicial proceedings. A suitable indemnity, fixed b}^ the 

 commission, is also allotted to him at his request. 



The expenses incurred by the commune, as compensation for property 

 devolving on it, are excluded from distribution among the proprietors, ex- 

 cept the indemnities in cash due to the proprietor for losses and depreciation 

 and the expenses and indenmities of curators. 



This distribution is made with due regard to the profit derived by each 

 proprietor from the redistribution, and to the length of fagades and the area, 

 site and value of the parcels assigned. At the request of the proprietor 

 the payment of the contribution for redistribution n)ay be deferred, inte- 

 rest at the rate of 3 ^j, per cent, being charged until the time of sale or 

 construction. 



