Oct 102009

The use of public property

bienes-publicos1 .- The use of public domain property 
a) The direct use by management and reserves demaniales
The public property can be used by government or individuals. When it comes to goods for the provision of a public service and administration is the owner of those assets that are managed directly, use that for this purpose makes the property concerned is governed by the rules of the service.
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The direct use by the administration of public property generally does not prevent access of individuals or users of services, subject to normal restrictions. However, the administration may be reserved for certain whether the use of public property but excludes the use by individuals that is what is called demaniales reserves.

The reserve demanial should be allowed by law and though the administration has a discretion in its establishment, may be declared only for reasons of public utility and public interest to justify it and to carry out the purposes of its jurisdiction. The duration of the reservation is limited to that necessary to fulfill the purposes for which it was agreed.

2 .- The use by individuals of public property 

a) Common use and private use by individuals under public domain
evil is that public property be used by individuals. However, we must distinguish, within the private use of such property, the common use of private use.

The common use of public property is equally relevant to all citizens, so that does not prevent use of some of the other. The common use is of two kinds:
* General, who is the quintessential public use, ie walking the streets and swimming on the beach
* Special, which is that in which the unique circumstances of danger, as is a work intensity of use, as is a fair or similar. Such use is subject to license, will be temporary and revocable. You can even submit a raffle license if the license was limited, as in street commerce.

The exclusive use is the one formed by the occupation of part of the public domain so as to limit or exclude use by others. Such use is a property right and therefore transferable, subject to fee and register.

It can be purchased in three ways
* By law, such as Article 52 of the Water Act (see her if you are repealed), which provides the possibility of proprietary aprovechamieto rainwater or springs to a maximum of 7000 cubic meters

* By granting demanial, ie administrative concession of public domain. Such concessions are contractual in nature (see new law of contracts) but is expected in some cases extinction of mutual agreement or automatic review. Equally tepomporal character, but can not exceed 75 years

* For official authorization for certain private uses of entity smaller and transient in nature, as with detachable facilities or kiosks on the beach

b) normal and abnormal use by individuals under public domain
Normal use is one that is consistent with the main destination of the public domain thereby. The normal use of a public road is to walk through it.

Abnormal usage is one that does not conform to the main destination in the public domain, either with or without modification or alteration of the public domain. For modification or alteration of the public domain means any substantial alteration of the physical configuration of the property, including construction of buildings or facilities of a permanent and stable or demolition of existing ones.

The abnormal use of public roads is the installation of a newsagent or an underground car park of a public square. This abnormal use is subject to administrative license under concurrency. Such use is abnormal, however, be compatible with the main destination or the public domain to which it refers, so that in case of incompatibility, abnormal use must yield. Compatibility must be declared at the municipal level for the full, on memory were filed proofs of general interest.

3 .- The use of the assets 

The use may be direct by the administration, which is usual, or by individuals, such as VPO leased or transferred the surface rights.

They will also be administered in accordance with the criteria of maximum profitability. The lease and any other form of transfer of use of assets of local entities, shall be governed, in their preparation and award, the rules governing the hiring of Public Administrations.

4 .- The use of the commons 

The use will be made in operating system common or collective, as provided by custom or by the ordinance to be adopted by the plenary of the local entity.

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