Portal de Lorca
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The councilor of this formation, Gloria Martin, assures that the affected ones are also victims of another aberration of the General Plan since they are forced to support receipts of IBI of more than 5,300 euros without possibility of obtaining any use of their lands, while they must face the costs of urbanization of the action unit
The councilor of United Left-Greens Gloria Martin has denounced that the City council of Lorca has infringed the Law of forced Expropriation by not granting any economic compensation to the twelve owners affected by the execution of a road between the Glorieta de San Diego and the Huerto de the wheel.
An action included in phase II of the construction project of the Central Round.
The Municipal Plenary approved, with the sole opposition of IU-Greens, the expropriation of their land by the procedure of direct occupation, a very profitable formula for the Administration but that puts at a disadvantage the individuals, who are not compensated for the value of the soil, as in compulsory expropriation.
In return, they are recognized urban development in a unit of action, private initiative, for which they incur the responsibility for their execution assuming their costs.
That is, not only are they expropriated without receiving a euro, but they are also obliged to finance the costs of urbanization of this unit of action by disbursing around 100,000 euros in the case of some affected.
On the one hand, Martin recalled that Article 226 of Law 13/2015, of March 30, of territorial and urban planning of the Region of Murcia, clearly states that the owners affected by these occupations are entitled to compensation for the occupation of their lands under the terms established in the State's legislation.
That is, they must be compensated for the period of time that elapses from the occupation of the same until the definitive approval of the instrument for which they are awarded others of equivalent value.
An indemnity contemplated in article 112 of the Law of Forced Expropriation that the City Council has flagrantly failed to comply with.
In this regard, the mayor of IU-Greens said that, being a payment in kind, the system of direct occupation should only be applied in agreement with the owners, as in other autonomous regions such as Andalusia or Valencia.
Martín demanded the payment of this compensation in compliance with a ruling of the Constitutional Court that relates the "minimum guarantees" of those affected by the direct occupation procedure (Sentence TC 183/2013, of October 23, 2013).
On the other hand, since the approval of the current General Plan in 2003, all the land of this action unit (UA 68), classified as consolidated urban land, is considered "private equipment".
This greatly limits the use of land while forcing its owners to support huge tax burdens and all urbanization costs.
In this regard, Martin said that there are affected who are paying more than 5,300 euros per year in concept of Real Estate Tax for plots of just over 4,000 m2 in which they are not allowed to build, so they have difficult exit in the real estate market since, in addition, its surface is quite limited (18,470 m2).
For Martin, it is another "aberration" of the PGOM and said that the City Council should have proceeded to expropriate and compensation to those affected instead of establishing a compensation system by which the owners assume all obligations and costs without obtain any benefit, through a requalification of land that they never asked for.
Therefore, Martin requested that the General Plan be modified so that the owners are allowed to build or that, otherwise, the City Council grants plots the use of public equipment, proceeds to expropriate them and compensates those affected.
In this regard, he recalled that the Councilor for Urban Planning of the PP, Saturnina Martinez, has recently recognized a new error in the General Plan, specifically in the unit of action 55, and has committed to correct it by a non-structural modification of the Plan that will allow those affected recover the building capacity.
Source: IU-verdes Lorca
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