Portal de Lorca
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This is the second case in which this tool is implemented, after a building located on Avenida Santa Clara.
The law, in this case, is practiced for breach of the social function of property.
Councilmember Management Recovery after Earthquake Lorca, Satur Martinez reported that the application of the approach marked by the so-called "Replacement Act" will allow to accelerate the reconstruction on a new block of flats.
This is the building "Vina II", located on the No. 2 Labour Square, in the heart of La Viña, and has a total of 16 homes and 4 commercial premises which are in advanced stages of reconstruction .
The mayor explained that this is the second time that this legal tool application is carried by the Consistory, and pointed out that this measure is initiated at the request of the neighbors in the building, who last June 19 showed a writing to effect the registration of the council, requesting that appropriate to start the process, arguing that the owners by inheritance from one of the floors were not incorporated in the reconstruction of the property.
A few days later a complementary to the previous letter in which the heirs gave their conformity to the relevant initiate expropriation process is presented, renounced any claim to present the same and urged the City Council to give terminating the deadline as hearing procedure .
Satur Martinez explained that in this case the replacement is practiced law for breach of the social function of property, a situation widely collected in other legal cases.
The share of property that substitution is 5.25 cents.
According to plan, the beneficiary of the replacement application will be determined by the construction company neighbors, who will fund the budget of 13,767 euros planned to complete the measure.
This is the second time that an intervention of this nature takes place, after the substitution was approved months ago 4 families to enable iniciasen reconstruction of a building located on Avenida Santa Clara.
The mayor Management Recovery after Earthquakes anticipated that the municipal area from working with other 3 similar to the Vineyard II building, the process will be executed in the event that no agreement is reached cases.
The "Vineyard II" building reconstruction began in January 2013, taking advantage of the rebuilding so that residents count with new services and better at it.
In fact
has managed to give this reconstruction of improvements over the original 1975 building, with two floors of garages, elevator, plates solaresy other infrastructure not previously present.
The neighbors had the opportunity to design their election the distribution of their new homes, including the distribution of the different rooms, finished flooring, interior carpentry, light points, wall color, kitchen furniture ...
Replacement Act accelerates the reconstruction of buildings toppled by earthquakes.
The "Law on Mandatory replacement" for reconstruction of buildings toppled by the damage caused by earthquakes in our city, has had a deterrent effect, so that has allowed unlock the rebuilding of at least 68 properties.
Satur Martinez explained that "these are different cases where the homeowners of certain buildings not reach an agreement, and the possibility of reaching an agreement that would solve the issue was not possible due mainly to the entrenchment occurrence of blocking minorities. As citizens have come to know that the application of the Act was a dynamic process and that his execution was actually blocking minorities have been dissolving. In most cases, these people have transmitted their share on the ground, either to third parties or to the community of owners.
This procedure is always launched at the request of residents.
Once formalized the application period of the party that claims could be expropriated, which lasts around 15 working days set.
Once this is necessary to raise the full City Council proposal.
After that a new period for claims which has the same duration as above, and, in the end, is carried to term expropriation opens.
The City Council provides the ability to expropriate neighbors.
Source: Ayuntamiento de Lorca
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