JimenaPulse has received a document (click on image to enlarge) that proposes the ‘dissaffection’ (in Spanish desafectación, which in law means ‘to declare formally or tacitly that something in the public domain be declared ‘disassociated’ [segregated, separated] from public use or service’, according the Real Academia del Español dictionary) of the El Corchado section of San Pablo de Buceite from the Cañada Real de Gaucín. The proposal is put forward by Jimena Mayor Pascual Collado for the next plenary meeting of the Council.
The proposal means that, if the Council and the Council for the Environment of the Junta de Andalucía are in agreement, El Corchado would no longer be part of the Cañada Real system and is likely to become ‘urbanizable’ and thus have some 30 homes built there more or less illegally over the years declared legal.
However, this poses a problem for Jimena Council in that the land on which these homes are built in fact belongs to the community; in other words, it is common land. This being so, the Council cannot by law give away common property and thus becomes liable either to sell the land to their present proprietors (most of whom have bought it from third parties in good faith) or to declare it expropriated and thus be liable for proper indemnification, which the Council can ill afford at present.
Residents of El Corchado (of whom many are expats) will be particularly interested in two paragraphs contained in the document, translated below:
The proposal means that, if the Council and the Council for the Environment of the Junta de Andalucía are in agreement, El Corchado would no longer be part of the Cañada Real system and is likely to become ‘urbanizable’ and thus have some 30 homes built there more or less illegally over the years declared legal.
However, this poses a problem for Jimena Council in that the land on which these homes are built in fact belongs to the community; in other words, it is common land. This being so, the Council cannot by law give away common property and thus becomes liable either to sell the land to their present proprietors (most of whom have bought it from third parties in good faith) or to declare it expropriated and thus be liable for proper indemnification, which the Council can ill afford at present.
Residents of El Corchado (of whom many are expats) will be particularly interested in two paragraphs contained in the document, translated below:
The [Junta's] Council for the Environment having approved the demarcation of the Cañada Real de Gaucín, in which El Corchado is included, a number of contradictory circumstances have arisen regarding the ownership of land, compliance with current legislation on Vías Pecuarias [livestock access or passageways] and the concession of building permits, which circumstances it is necessary to resolve according to current planning legislation for said population nucleus.
The Council will hold a meeting with the proprietors of the land as affected by these proceedings in order to inform them of the aspects that impact them, the content of which will be sent on to the Council for the Environment.
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