RE
Regulatory, Public Law, Urban Planning and Competition
Real Estate
ONTIER SPAIN

Annulment of a construction project approved by the government as the cause for an expropriation



Problem

The government proposed to expropriate private land and for that purpose approved a public works project that legally involved a declaration of the need to occupy certain property, which is a sine qua non for any expropriation.



Solution

For the defence of the case, legal action was taken under administrative law to have the expropriation ruling annulled. This led to the successful judgment bearing Aranzadi reference JUR 2006/175124.

The appealed resolution approving the public works project, which had been given as the cause of expropriation, was declared null by the court. The court considered that, as we argued in our claim, firstly, the government had failed to conduct a contracting proceeding stating the general terms and conditions that would apply in the contract, and, secondly, the company to which the public works project was awarded was barred by law from receiving the contract.



Benefit

Our client won the annulment of the public works project given as the cause of the expropriation of the client’s private land and as a result won the annulment of the expropriation and recovered ownership of the expropriated properties.

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