Expropriation would depend on where revised coastal demarcation is determined to be. | Archive

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Spain's ministry for ecological transition is understood to be drafting amendment to regulations under the Coasts Law that takes account of the impact of a rising sea level.

This amendment is said to contemplate the expropriation of hotels, homes, beach bars and beach clubs in exchange for granting owners use of these properties for thirty years, with a possible extension of thirty more years.

A Spanish national daily, El Economista, quotes a leading lawyer, Ernesto García-Trevijano Garnica, who explains that the state may determine where an encroaching sea has altered existing demarcation. In other words, what was previously not classified as public maritime domain would be reclassified as being this domain, meaning the property of the state.

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Legal challenges would be inevitable, but he says that there would be limited chance of winning an appeal because of technical reasons to justify protection as public domain.

The granting of a concession for a defined number of years would mean owners being unable to do anything with properties, e.g. renovation, unless there is permission from the Spanish government.

Also affected by this amendment would be 'paseos marítimos', the promenades. In certain instances, these are a state responsibility in that they come under ports authorities. This is the case in Palma and Alcudia, for example. To all intents and purposes, these are municipal land, even where any state responsibility exists, and are excluded from the general regulations regarding public maritime domain. However, a rising sea level would shift the demarcation and make them public domain.

A further aspect of the envisaged changes to regulations is a standardisation of criteria as to what can be done near to beaches. At present, town hall planning regulations determine activities and constructions.