Opening of a road in communal lands
Posted by Manuel Casal | Section Juris. planning
"Third. - Regarding the question of funds, must assume that, as noted in the agent insists, is not in this case the approval of a preliminary land development or installation but merely the opening of an access road to the properties of the appellants. However, the application under consideration has a unique address important and relevant permits, blueprints, rules governing the regulation of construction the parish of La Massana. This arrangement is contemplated as a system of licensing system of prior administrative intervention in construction activity that stakeholders conducted on land owned or which may have any qualifying title. In this case, On the contrary, the contents of the draft that the agents have submitted to the authorization of the Common appreciate that allows the opening of the road that is to undertake to perform the most part on communal land. But as is clearly the judgment appealed, agents do not possess a right to dispose of community property or, consequently, to impose change in their current state, however you might say that the road to be building will continue the consideration of public asset. In short, we are not in this case before a common assumption of control of an administrative intervention on private property, but in reality, the Common has validly denied approval of the draft based on its proprietary powers, found in affecting the property that holds. The exercise of these powers on properties of which concerns the administration can not be prosecuted with the same perspective that you would use administrative powers to control building on private property, which is the general assumption that Regulations governing construction standards of the parish of La Massana, invoking both parties.
In conclusion, the rejection of the application of agents is adjusted right from the moment when they do not have a right to change the current state of community assets that are affected by the draft, and the Municipality may validly decide, based on its proprietary powers, on the target that aims to give these properties. "
Judgment of the High Court dated 19/4/01, number 01-23
