PU
Public Law and Urban Planning
ONTIER SPAIN

Annulment of the just compensation of 2,876,877.36 dictated by the expropiation board and award of a just compensation 12,663,903.21



Problem

The Madrid Expropriation Board set €2,876,877.36 as just compensation for certain land to be expropriated under the “Polígono Méndez Alvaro-Delicias. Estudio de Detalles 3.3” expropriation plan, part of the Madrid General City Zoning Plan. This sum was very inferior to the just compensation requested on the owner’s appraisal.



Solution

For the defence of the case, legal action was taken under administrative law against the expropriation board’s decision, requesting annulment and declaration of the just compensation asked for by the owner. This led to the successful judgment of the Superior Court of Justice of Madrid of 4 November 1996 (rec. 810/1991), which was ratified by the Supreme Court in its judgment of 7 July 2001 bearing Aranzadi reference RJ 2001/8004.

In the judgment ratified by the Supreme Court, the Superior Court of Justice of Madrid, as per the plaintiff’s request, declared the annulment of the expropriation board’s resolution to set the just compensation for expropriation at the sum of €2,876,877.36 and set a new just compensation of €12,663,903.21.



Benefit

Our client won a considerable increase in just compensation, from the sum of €2,876,877.36 as dictated by the expropriation board to the sum of €12,663,903.21.

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