LA AUSENCIA DE LA OCUPACIÓN DIRECTA EN LA LEGISLACIÓN DEL ESTADO Y SUS CONSECUENCIAS SOBRE SU INSCRIPCIÓN EN EL REGISTRO DE LA PROPIEDAD.

Abstract

Direct occupation as a means of obtaining land through which public utilities must run has been eradicated from national legislation, in a move consistent with the elimination of the administration's power to expropriate land upon payment of the appraisal price regardless of the wishes of the condemned, and the state has been constitutionally recognized as the sole holder of power to legislate the issue of expropriation. Accordingly, Supreme Court case-law rejects the legality of acts of expropriation ordered under regional legislation. For this reason, and furthermore because of the supervening disappearance of the respective legal coverage for regulations implementing regional expropriation legislation, the repercussion of this doctrine on registration must mean that any such acts submitted for registration must be rejected, save where the land owner has actually given consent and formulas arranged expressly for that purpose are employed.