PU
Public Law and Urban Planning
ONTIER SPAIN

Annulment of an urgent occupation declaration in an expropiation



Problem

The government proposed to conduct urgent proceedings to expropriate private land. Accordingly, an urgent occupation declaration was issued calling for the occupation of the expropriated properties before the quantification and payment of just compensation.

Moreover, after declaring the urgent occupation of the expropriated land, the government instituted the physical occupation of the properties and partially demolished the buildings standing on the land.



Solution

For the defence of the case, legal action was taken under administrative law against the government resolution and against the acts of physical occupation and demolition. The court was asked for an annulment decision, leading to the successful judgment bearing Aranzadi reference JUR 2006/258642.

The court declared that, as argued in our claim, the urgent occupation resolution was null; consequently, since the acts of occupation and partial demolition lacked sufficient cause and moreover involved an abuse of discretion, the acts were likewise null.



Benefit

Thus, our client won the annulment of the expropriation of the client’s private property and recovered ownership of the expropriated land.

close
This site uses first-party and third-party cookies to help provide you with the best possible online experience. By surfing on our site you agree that we may store said cookies on your device. For further information, you can check out our full cookies policy.