Jaime Nunes charges BRL 4.2 million from the Government of Amapá for expropriation of an area in the North/South region – News of Brazil
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Paulo Silva
Policy Editor
The entrepreneur Jaime Domingues Nunes, who was deputy governor of Amapá until December 31 of last year, and was defeated by governor Clecio Luis in the October 2022 election, he filed an ordinary action against the state, which he is charging BRL 4,256,381.46 for the expropriation of an area of his property where the North/South Highway passes. The lawsuit has been pending at the 4th Civil and Public Treasury Court of Macapá since January 25, signed by the lawyer Osmar Marino.
Jaime claims to be the owner of the rural plot of land AD-04, with an area of 4.3932 hectares, and that he was informed by the state in May 2014 that, due to the alteration of the route of the North/South Highway, it would be necessary to modify the road construction project. As a result of this modification, it forwarded a survey prepared on March 30, 2013, according to which part of the property would be expropriated, considering possession only, not ownership of the domain, with an assessment of R$ 706,000.00.
According to the lawyer Osmar Marinho, only in october 2017 Jaime Nunes was called by the Secretary of Transport (Setrap) to express an opinion regarding the evaluation carried out internally, sign a discharge and acceptance term and present the information for receiving the informed amount (R$ 706,000.00). New communications followed in November 2017 and February 2018.
According to Jaime’s defense, the matter was resumed in 2021, but, as in previous files, in addition to not being accompanied by supporting documentation of the regular procedure for improving the expropriation, especially the declaratory decree of public utility, the evaluation proved to be far below the market value of the good.
In November 2021, Setrap sent a letter to the entrepreneur reiterating the previous requests, but offering BRL 1,244,000.00 for the property, now establishing that the area to be expropriated would be 13,275.17 m², considering the assessment date to be the 3rd of November 2021.
Jaime he would have agreed with the delivery of part of the property, but expressing his dissatisfaction, since the value was totally different from the market. Due to this distortion, a new valuation was requested from Setrap, which insisted on the same price.
The businessman then arranged for an assessment of the part of the property intended by Setrap, work carried out by the agronomist Wilson Mota Figueiredo, being established as indemnity value R$ 4,256,381.46. Setrap maintains that the assessment carried out internally is adequate.
the defense of Jaime Nunes argues that the administrative process that aimed to expropriate areas where the North/South Highway would be implemented dates back to 2013. Between comings and goings, it was only in 2017 that the businessman was called to express his opinion regarding the proposal for compensation and eventual acceptance of the proposal presented by the secretariat, which would have disregarded the internal legal opinion.
in action, Jaime Nunes is asking the court to order the government of Amapá to pay him BRL 4,256,381.46 in compensation for the expropriated property.
Considering that the action deals with unavailable rights, the judge Luciana Barros de Camargo waived the holding of a conciliation hearing and ordered the state of Amapá to be summoned to respond within the legal deadline.
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