May 21, 2008 Supreme Court ruling, legal doctrine

17 October 2008

On May 21, 2008, the third courtroom of the Supreme Court set the following legal doctrine: “a road cannot be determined, by the mere fact of not being included in the pertinent Municipal Property Inventory, to not be municipal property”.

This goes against the Andalusian (Malaga) Superior Court ruling of December 30, 2003 which required the appearance in the aforementioned inventory as a requirement for public ownership. The Supreme Court has ruled that “this is an incorrect and damaging doctrine for public interest as it would allow individuals to carry out acts of ownership on roads which are of public domain, based solely on the fact that these are not included in the Municipal Property Inventory”.

TTherefore, it cannot be inferred from the codifying legislation of the current laws on local government systems, nor the local entity property regulations that inclusion in said inventory constitutes effective municipal ownership. Likewise, in accordance with Article 124 of the Urban Management Regulations from August 25, 1978, “[…] the properties which the Plan intends for public municipal domain will be treated as such without further steps needing to be taken.”

For further information, please contact Lara Campanario Ciaurri: