Anti-speculation measures within planning legislation

Abstract

The paper begins by stating that the reach and aims of the most recent Spanish reforms in the laws as to state planning aspire to more than a mere establishing of a series of norms against land and ground speculation. It then proceeds to a contemplation of such speculation and concludes that the new measures are directed against any speculative witholding of either factor. The paper from here moves on to draw differences as between the anti-speculation measures that will be put into effect through a real estate control process as such (a process of gradually acquired planning rights, a process by which the unfulfilling of acquired planning obligations will be sanctioned and another establishing indemnities) and those othersusually discretional- that allow for a more telling direct intervention of the Administration on the land and housing markets (a making expropriation more normal, a building up of public land rights, rights to hid an turn down offers, a right to earmark land for the building of public housing, the right to limit any turning of granting powers into liquid assets, etc.) Allusion is also made to the measures intended towards a proper reimposition of any original planning rulings. The paper ends by concluding that the above mentioned measures are in themselves adequate to the task in hand but would, to be effective still have to enjoy a whole-hearted implementation in each specific situation on the part of that Administrative Body competent in the case in point.