Manuel Orozco, in his capacity as affected by the expropriation that the Arafo City Council decided in 1990 in the Barranco de La Piedra area, considers it necessary to make the following clarifications based on the most relevant aspects of the long procedure, which has concluded that the City Council he has to pay him almost 300,000 euros for forced expropriation, after a final judgment of the TSJC, to be paid within 10 days.
“Go ahead that at no time is my desire to argue in the least with the municipal management. I have always been fully available for any matter that the City Council may need from me, not only for this procedure, but for any other. But the chronology of the events shows that it is not fair to publicly relate my family’s surname to the road infrastructure that the City Council says it will be forced to delay, ”he comments, before exposing the chronology of the file.
“On November 7, 1990, the Subsidiary Norms of the General Planning of Arafo were approved, in which this plot is classified as urban land in the building regime related to green areas.
On May 21, 1998, at the request of the mayor at that time, Domingo Calzadilla, an attempt was made to find an agreement between the parties for the transfer of use, free of charge, of an area of the plot on which the park would be built. currently existing and that the City Council reclassified the rest of the plot as rustic land. At that time, we ceded the use of approximately one third of the plot, without the municipal planning, at any time, having modified the intended use of the remaining two thirds. This has been detrimental, not only because of the permitted use of the plot, but also because of the high cost of the municipal IBI as urban land that we have been bearing.
On January 26, 2005, the current Arafo General Plan was approved, maintaining the entire reference plot with the classification of Urban Land-Green Zone for use as Parks and Gardens.
On June 17, 2014, 24 years after the use of this plot was declared a green area and given the municipal passivity to provide a solution to the problem that affects us, the City Council was asked to expropriate the plot, in accordance with the applicable legislation.
On April 15, 2015, we requested the corresponding setting of the fair value from the Canary Islands Valuation Commission.
On May 28, 2019, after a long process, the fair value of the plot is set. As the City Council did not comply with the obligation claimed, a contentious appeal was deducted for material inactivity of the City Council. Appeal initially inadmissible due to a formal defect and finally admitted through appeal before the TSJC, which on February 24, 2022 declares the finality of the sentence.
