Regulatory, Public Law, Urban Planning and Competition

Annulment of an urgent occupation declaration in an expropiation


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.


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.


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