Algunas reflexiones sobre la división de la cosa por efecto de la expropiación forzosa

Authors

  • César Cierco Seira

DOI:

https://doi.org/10.18042/cepc/rap.199.09

Keywords:

xpropriation, fair price, compensation for division of expropriated property, uneconomic farm

Abstract

The treatment of the partial compulsory purchase in Spain deserves consideration. First, compensation for partial compulsory purchase is subject to a lack of precision that jurisprudence strives to overcome but it could well be resolved through legislation. Second, due to the scale of the partial detriment, a special response should be given to cases in which the fragmentation of the property is so great that it essentially compromises its utility. The current regulations on uneconomic farms provide little support to owners of properties, at least to the degree that would be expected in an evolved system like the Spanish one that in other cases strives to improve the fairness of compensation for compulsory purchase. 

Issue

Section

ADMINISTRATIVE REPORT OF SPAIN AND THE EUROPEAN UNION