Involvement and public domain reversal

1937046791_fad55ef3ceWith regard to involvement in the public domain, the decisive factor to qualify as an asset in the public domain is the involvement of any of the purposes for which, by law, determine the demanialidad. The condition is the formal act by which a property becomes public ownership and is incorporated into the public domain by its destination and the corresponding legal provisions.

[:]Involvement can be done two ways, depending on the kind of public good. In the case of natural public domain property, involvement in the public domain is held directly by law, without requiring other statement or formal act. A different question in these cases is the very definition of such goods, ie as far as the public domain. For if that is necessary administrative measures for implementing the Act, in particular, acts of demarcation. In this case, are not acts of involvement but delimitation.

In contrast to other goods, ie the artificial public domain, it requires unique and individual involvement for incorporation into the public domain. This condition can occur in two ways:

a) The condition states: that takes place through the corresponding administrative approval by the competent body under a dossier proving the timeliness and legality of involvement. In the case of goods CCLL, must be approved by an absolute majority of the whole. Regarding state property, will take place at the express order of the Minister of Economy.

b) Allocation Automatic takes place by virtue of acts which may involve implicit or suspected involvement. The implied involvement occurs as a result of the adoption of administrative measures other than formal involvement, but they presuppose the fate of a public good to a service or public use. Such is the case of final approval of plans for urban planning when they deduct the fate of public property to any of the cases of demanialidad (parks, roads etc …). It is also the case of acquisitions of property by eminent domain. Regarding the alleged involvement occurs in two cases, the assignment of assets for over 25 years to a public use or service or when a local entity acquired by usurpation the domain of a thing or used in a public service.

The reversal of public goods is the legal situation where a public good stops in the public domain. In this case, the well becomes, unless the course of natural causes reversal in capital asset of the administration and may be sold.

Can occur by various causes and different ways.

a) reversal of natural causes: civil code section 370 provides for a reversal of course of course, when the riverbed is left to vary naturally the water channel and enter to belong to riparian owners.

b) reversal implied. It occurs on several assumptions, including acts of demarcation for surplus assets that are not included in the public domain or the modification of urban planning when it ceases to provide the public use of any land, passing part of the assets of the administration. You can also occur through the demolition of public domain property

c) express disaffection. Normally that is conducted by an express act, governed by art. LPE 120 or Article 9 of Decree 18/2006 of January 24, Regulations of the Local Government Property in Andalucia.

This reversal or alteration of the legal, corresponding to the full City Council, after proceedings in which the grounds for his chance or necessity, and after proceedings to be dealt with according to the following procedure:

a) Resolution of the President of the local organizing the opening of the file. The resolution will have to incorporate a report on the physical and legal status of the property, with specific reference to the seat of the Inventory of Goods and simple note the Land Registry in the case concerned a property.

b) Public information for a month by notice in the Official Gazette of the Province and on the bulletin board of the local entity.

c) Agreement of the Plenary of the locality, with the vote of an absolute majority of the legal number of persons in the case of members demaniales and communal property.

Furthermore, in relation to express disaffection, it must be borne in mind that not be modified by altering its legal status, the fate of public property affected by the general planning tools, not previously made such an innovation instruments in accordance with planning legislation.

Regarding demaniales mutations are changes to the legal status of a public good.

There are two kinds of mutations demaniales: the objective and subjective.

The objective demanial mutation occurs automatically by the reassignment of public good, in the following cases

a) alteration of use or public service whom he was destined to change to another of the same character (SP. Hospital-school or UP. plaza-park).

b) Attendance of encumbrances that were compatible

The subjective demanial mutation caused by the change of Public Administration of the property owner, without changing its destination public. The subjective transformation shall be by administrative agreement between the administrations involved and register with the Land Registry. This applies, for example, municipal land which is transferred to the Junta de Andalucia for the Construction of a College, or is transferred to Government Sub Councilor of urbanism.

-Alejandro 20 de septiembre de 2009