Despacho n.º 21326/2006, de 20 de Outubro de 2006
Despacho n.o 21 326/2006
Considerando que a servidáo radioeléctrica de protecçáo à ligaçáo hertziana entre os centros radioeléctricos formados pela estaçáo ter-rena de Fajá de Cima e pelo centro de telecomunicaçóes de Ponta Delgada, incluindo um reflector passivo situado numa elevaçáo de nome Pico da Batalha, pertencentes à, entáo, Companhia Portuguesa Rádio Marconi, náo tem actualmente razáo de existir, nos termos definidos no Decreto Regulamentar n.o 27/84, de 20 de Março, publicado no 1984, em virtude de ter sido desactivada a ligaçáo que aquela servidáo protegia;
Considerando que o direito de propriedade deve presumir-se livre e que a servidáo traduz um encargo, o qual só deve existir quando for necessário, isto é, enquanto a coisa dominante exercer a utilidade pública que determinou a sua constituiçáo:
Atento o disposto nos artigos 5.o e 14.o, n.o 1, do Decreto-Lei n.o 597/73, de 7 de Novembro, e no artigo 4.o do Decreto-Lei n.o 215/87, de 29 de Maio, determina-se o...
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