Some sketches towards a historical interpretation of Spanish jurisprudence as to urbanism

Abstract

The paper opens by stating that the history of change in Spanish urbanism over the last one hundred and fifty years is marked by a series of structuring options decided for as much in the mid-nineteenth century beginnings of what was to become the body of urbanistic legislation as in the inflections and strengthening of this - and such a line of thought - during the twentieth century. The continuity observable in this legislation and the updating and perfecting of the thought that inspires it are here seen to be the characteristic that not only typifies Spanish urbanism but also the feature that most clearly contrasts this with that of the rest of Europe. The paper comments and explains both socially and historically that the crucial factor to this phenomenum has been the public planning and execution of powers throughout a quasi-concessional giving up in favour of capacities and responsibility sharing roles granted to private land ownership. In so doing, the law precluded the option of endowing the professional entrepeneural developer as within a modernized industrialized framework for the sector. This is here seen to have led to a sophisticated and ever more perfect legal and economic status quo along with its powers and rights, duties and obligations all stemming from initial ground or property rights, a thing not to be encountered anywhere else in Europe. The paper sees the ultimate end of said set up to be the seeking on the part of Local Administration of both free land and development initiatives costing while avoiding any compulsory purchase complications in return for an increasing of the obligations and requirements usually required, this along with a strengthening of standing or future economic rights on the part of the original landownership involved.