Il prezzo del consenso. Le compensazioni amministrative nel governo dell'ambiente e del territorio

Public administrations often use compensatory measures. When an economic activity, an administrative plan, a development program or the design of a public or private infrastructure endanger the landscape, the environment or the territory, the possible conflict between diverging public and private interests can be composed by means of compensation, real or monetary, paid through complex and often multipolar exchange mechanisms. However, one may wonder whether they constitute a unitary legal category. Furthermore, in the presence of a plurality of simple regulatory fragments, it is necessary to verify the foundations (and limits) of the power to impose those payments, for the allocation of charges and benefits, the protection mechanisms. Answering all these questions will also allow to better understand if and under which conditions the compensations are really useful to recompose the interests involved and to prevent dissent on major works.