Road of excess: status of public property
Posted by Manuel Casal | Section Juris. planning
The Chamber of TS to administrative decision dated 20/4/09, speaker L. Saura, No. 36/2009, understands that the remaining avenues for modification of the same-the elimination of a curve, the portion of land not intended for road condition remains good in the public domain.
"The issues raised comes from the fact that the land above the road and confronted with when it was rebuilt, the curve traced the threshold was dropped to be replaced with a completely straight path, so that between the property private and the current path has been as surplus land, the area that now is spent on road.
Roads are public property to the extent they are affected to a public use and the use of vehicles (Article 76 of the Administrative Code) and under the provisions of Article 78 of these goods lose their quality above or by express decision of the competent authority when the asset is no longer needed for public use, or because of non-use for public use for twenty years.
If there were no possibilities of the two mentioned in the previous paragraph, so the remainder of the road still in good condition the public domain.
Third .- Regardless of the legal nature of the excess of road that we have explained, the ground of appeal is not confronted with "road" (the road 4 on the current path) but with "excess" of road, so If the right of access that they require guarantees associated with the particular field of confrontation with the road is not possible to guarantee access to road, because there is confronted, as those currently abuts the road is very excess of the road. "
Tags: road
