Relevant Cases

Municipal planning had decided to locate a public facility in a consolidated urban land lot at calle Doctor Fourquet, close to Atocha and the Reina Sofía Museum, in the heart of Madrid The property should have had asserted the constitutionally warranty consisting in receiving the corresponding compensation for the loss of this lot, that is, the right to receive financial compensation corresponding to the value of the goods and rights expropriated, whatever their value. Both Madrid’s City Council and the Expropriations Jury had used inadequate assessment methods.

The contentious administrative appeal had to be oriented at demonstrating to the Superior Court of Justice the error in the municipal and Jury assessments, both for having used a cadastral registry and for using the dynamic residual method instead of the static one.

Eight years later, Madrid’s Superior Court of Justice Judgment number 30229/2009 defined the balance between the expropriatory damage and its remedy, which amounted to triple the amount offered by Madrid’s city Council.