A ruling by the Superior Court of Justice of Extremadura (TSJEx) requires the return to its owner of part of the land occupied in Usagre (Badajoz) by the ‘Núñez de Balboa’ plant, the largest photovoltaic plant in Europe and owned by Iberdrola.
The land in question was expropriated for the construction of the photovoltaic and on it, and before said expropriation, there was a lease for a period of 25 years, according to the sentence collected by Europa Press.
“Thus things are, there is no basis to request the expropriation of some farms that months before we have ensured their availability through a lease for a period of 25 years. In other words, the request for expropriation lacked cause or justification to deprive the right of ownership”, establishes the TSJEx.
For this reason, the Extremaduran court recognizes the right to “return in natura”, that is, “to the reinstatement of the farms free of the photovoltaic plant with all its facilities, which is what the plaintiff intends”.
The high court of Extremadura also indicates that it shares the approach of the plaintiff when it defends that “there was no cause” to request the Declaration of Public Utility of the estates of the appellant today.
“By doing so, an authentic fraud of law and an abuse of rights have been produced, since a result is pursued that is not allowed by the legal system: to achieve the effects of the declaration of public utility of a project in relation to properties on which there are faculties of use without the need to resort to occupation through forced expropriation”, sentence.
This ruling responds to the contentious administrative appeal filed by Natura Manager S.L, owner of the land, against the General State Administration, specifically against the Provincial Forced Expropriation Jury, and as co-defendant the Núñez de Balboa S.L photovoltaic project, promoted by Iberdrola.
