El fin del mito de la inmutabilidad del suelo consolidadootro axioma abatido

  1. SALVADOR MARÍA MARTÍN VALDIVIA 1
  1. 1 Universidad de Jaén
    info

    Universidad de Jaén

    Jaén, España

    ROR https://ror.org/0122p5f64

Journal:
Revista de urbanismo y edificación

ISSN: 1576-9380

Year of publication: 2020

Issue: 44

Pages: 191-205

Type: Article

More publications in: Revista de urbanismo y edificación

Metrics

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  • Dialnet Métricas Cited by: 1 (18-02-2024)

Índice Dialnet de Revistas

  • Year 2020
  • Journal Impact: 0.030
  • Field: ARQUITECTURA Quartile: C4 Rank in field: 19/40
  • Field: DERECHO Quartile: C4 Rank in field: 282/359
  • Field: DERECHO ADMINISTRATIVO Quartile: C4 Rank in field: 30/39

Abstract

the consolidated urban land had been defined by the state laws prior to 2007 as the one that had all the basic urban services and its categorization was framed within the scope of the regulated actions for the urban planner. From there derived specific rights and obligations for their holders that differentiated them very sensitively from the owners of unconsolidated and land in anticipation of urban development. The state legislation of 2007 and its subsequent developments have offered a twist to this status quo insofar as they allow, through urban renovation, reform and regeneration procedures, to discontinue the consolidated soils to include them in degraded areas as needed new urban operations. This entails the loss of the category of consolidated land, imposing on its owners similar urbanistic duties that those that correspond to urbanized or unconsolidated urban land, with the repercussions that for the purposes of urban management, expropriations, valuation and coercive actions entail and impose its holders. This change in status has been ratified by the recent Supreme Court rulings of July 20, 2017 and October 30, 2018, which are the subject of this work.