Planning errors that limit citizens ownership rights

Several cases have been present to me in which, when the current Planning in the municipality in question was , by mistake, privately own urban plots/properties have been included, which, being buildable, have had their classification alter, being inexplicably consider as community or comparable equipment. That is, a modification of use occurs (from private to public), therefore preventing the administrator affect by said error from being limit in the exercise of his powers as owner, by not being able to build or carry out rehabilitation works.

What draws powerful attention

The channels provide for by the legislator, with the significant economic damages that this causes to the property, not only by being unjustly USA Mobile Number Database deprive of the rights that are recognize to every proprietary owner, but also because at no time have I been compensate financially, as I should, for such grievances. In addition, you continue to assume periodic maintenance costs for a surface of land that you cannot enjoy. Thus, descending from the general to the particular, our Constitutional Text, in its article , reviews: “ No one may be deprive of their property.

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The remaining cases through transfers ownership rights

The corresponding transfer, sale or distribution agreement when so provide for in the planning instrument and, failing that, through expropriation or direct occupation.” In the case that we propose, we reiterate, in which there is an error on the part of the planner, the equipment is not obtaine by any of the means provide for in said provision, a circumstance that Afghanistan Phone Number List makes it possible to request the timely correction in the planning with the consequent request, if applicable, of patrimonial responsibility for the damages cause to the citizen affect by said completely irregular situation. It is, therefore, a procedure in which, in principle, the same facts as in the inspection procedure could be verifi, significant for the configuration of the impossible fact and its relevant data.