THE CONSTITUTIONALITY OF HAVING THE COMPULSORY PURCHASE OF REAL ESTATE REGULATED IN REGIONAL LEGISLATION ACCORDING TO RULING 183/2013 OF 23 OCTOBER OF THE SPANISH CONSTITUTIONAL COURT.
Keywords:
COMPULSORY PURCHASE, LEGISLATIVE POWER, STATE, AUTONOMOUS COMMUNITY, MINIMUM SAFEGUARDAbstract
Ruling 183/2013 of the Spanish Constitutional Court breaks cleanly with the stance the court established in Ruling 61/1997 regarding the compulsory purchasing of real estate and the recognition of legislative power to regulate compulsory purchases. While the earlier of the two rulings considers compulsory purchases a type of expropriation and, on that basis, declares it constitutional for the 1992 Land Act to regulate to that effect (consistently with the elimination of the requirement of the consent of the owner of the expropriated property in order to receive just consideration in specie), Ruling 183/2013 denies that state authorities have the power to deal with an issue that is the exclusive domain of regional authorities, and it limits the state's role to defining the minimum safeguards in the land owner's favour.
