Land Law which came into force on 1 July 2007, being the current Land Act 2008, a revised text of the existing articles of the 1992 Act, it dispenses with the traditional land classification and establishes, however, two basic types of situations the soil: the soil in the ground situation in rural and urbanized state. The main reason for this new law makes the distinction between these two basic situations of the soil is assigned the same endpoint on the ground in rural situation, their classification is developable or not be developed, in order to assign a rating no expropriation expectations planning under a public action such as planning. The soil in urbanized situation is assessed practically under the same criteria for urban land valuation in the previous Land Act 1998, that is, according to market value. Continue Reading →
Art. 132 EC provides that the law shall regulate the legal regime of public property, community, drawing on the principles of alienability, Applicability and indefeasible, and its reversal.
In addition, it provides that are state public property that sets the law in any case the shoreline area, the beaches, the territorial sea and its natural resources. These concepts have been expanded and defined by the 1988 Coastal Act, and involving maritime public domain property as follows:
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Until the mid-nineteenth S there was practically no urban planning law. The origin of the Urban Planning Law is located in the industrial revolution, which results in one hand, the rural exodus and, moreover, a significant demand for housing.
The promulgation of the 1978 EC is a unique course that has made substantial impact on all sectors of the legal system. In the urban, mainly due to the new conception of property rights whose content is limited by its social function in Article 33. Moreover, the constitutional text is clear, the conversion of urbanism at a public function.
The constitutional framework led to the adoption of a new Land Law, Law 8 / 1990 of 25 July, Urban Regime Reform and land values and recast by Royal Decree 1 / 1992 of 26 June, marked partial reform of certain aspects of LS 1976.
STC 61/1997 forced to react to the state, but also to the CCAA, who were forced to issue a series of legislative and temporary measure to avoid leaving the matter in a legal vacuum with incalculable consequences.
Of the plannings of this ruling, we note the following: Continue Reading →