Law of expropriation since the General Council in its session on 2 and 3 September 1993, has approved the following: Expropriation Act preamble The absence of a procedure of expropriation for public utility cause really operating and adapted to the needs of the Administration has been, for years, one of the main brakes on the development of the works and public services of the Principality. The old Decree 1958, despite the amendment in 1974, has highlighted from many years ago their weaknesses, as it tries to use virtually nil that you have done over the last decade. So despite the pressing need to acquire land for the development of the main public services, the Government has poured into the negotiation as a single via for the acquisition of land required for public works, with the consequence, that a single individual will sometimes suffered blankets could cripple practically indefinite the satisfaction of the general interest. The current state of the network of roads is a living example of the tangible and nul.la operation of the instruments that had the Administration in carrying out public service tasks which are its own, and the need to have an efficient procedure to acquire, even against the will of the owner, those goods and rights that are necessary for the execution of the works and services declared of general interest.
Aware of this situation, on 12 October 1989, the General Council of the Principality of Andorra approved unanimously a new expropriation law that introduced many new features compared to the previous legislation. Among them, the most important was, without a doubt, the creation of a special procedure for expropriation in the cases of construction, enlargement or renovation of roads, roads, squares, gardens or public parks. Through this procedure is intended to get the owners of real estate who, to be located within the area of influence of public works which is projected to run, had been of benefit, with particular intensity, of the plus-value generated by this public works, they must contribute to its funding, with the understanding that it is not an obligation to pay immediately for a work that may not report to the owner any immediate utility but the obligation to pay is linked to the time of completion of the plus-value, which the law does coincide with the time at which the property is subject to sale, or one in which you request permission to build it or make it work.
The aforementioned law introduced also other important developments with respect to the previous legislation, such as the possibility to acquire by expropriation not only property or real rights over real estate, but also other rights to acquire equity content, provided by any grounds of public interest; the attribution of competence in the Commons to records of expropriation; the possibility that parapublic entities may be, in certain conditions, the beneficiaries of a procedure of expropriation, that is, to acquire for this medium are the assets or rights needed for the management of the public service who are confident, satisfying for the right price or expropiatòria compensation, and the creation of an emergency procedure that would allow the use of expropriated property in a tiny deadlines , in cases that prove necessary for reasons of extreme need or of force majeure.
The law voted by the General Council in 1989 introduced these and other developments, which should become a eficacíssim instrument in the hands of the public administration. But on that date, the competition to pass a law like the expropriation, which affects directly the right of property, required the intervention of the co-princes. Therefore, the General Council of the Principality of Andorra did not promulgate the law, but that, as it was in the previous legislation, sent to the permanent representatives of the co-princes who were the institutional body competent to do so, in order that these aprovessin and sancionessin law. In the subsequent procedures of consensuació of the text arose some difficulties, more formal than the funds, which were delaying it to the point of doing the impossible.
Once approved the Constitution, having acquired the exclusive competence for the adoption of laws, and aware of the urgent need to have the Administration to have an effective instrument of expropriation, the General Council of the Principality of Andorra has made the creation of this instrument one of its priorities. For this reason, the Legislative Commission of public services, ratifying the contents of the bill approved by the General Council in 1989, has considered appropriate to adapt it to the new constitutional framework, in order to give to the public a widget of the political will of this Assembly not to deprive any longer in these administrations and, above all, the citizens of the Principality , they are, in short, the main recipients and beneficiaries in any process of expropriation for public utility cause.
Title i. General provisions Article 1 1. This law aims at the regulation of the expropriation. Expropriation shall be understood as any form of singular deprivation of property or other property rights, agreed refund.
2. no one may be expropriated unless for any justified reason of public interest, and by a fair compensation.
Article 2 1. The records of expropriation can only more isser initiated by the Government and by common.
2. May be beneficiaries of the expropriation, in addition to the State and the Church, the quarterfinals and the parapublic entities.
Article 3 1. The proceedings of the academic records of expropriation carried out with the owner of the thing or the holder of the right subject to expropriation.
2. Whenever you request request, duly stating their condition, the proceedings are also held with the holders of real rights on the expropiable thing, and also with the tenants, when it's rustic and urban properties. In the latter case, will start for each of the respective tenants incidental transcript, to fix the compensation that may be pertocar.
3. When the owners of the domain or of real rights on the real expropiables are minors or incapable and are not represented by their parents or guardians, the
proceedings take place with the public prosecutor's Office.
Article 4 When the goods to be expropriated without prior judicial authorization is not alienables, this authorisation is understood to have granted by the Ministry of law. In the case of expropriation, however, must intervene as part of the public prosecutor's Office, in addition to the owners or administrators of the estate, for the purpose of accepting the decision determined by the compensation or turn it against. The amount, in any case, must be put at the disposal of the judicial authority, with intervention of the public prosecutor's Office, because you give the destination that legally appropriate.
Article 5 The divestitures of properties subject to expropriation and Constitution about them of property rights of any nature does not prevent or stop the monitoring and resolution of the matter of expropriation. The new owner is considered subrogat in the rights and the obligations of the previous one, from the moment in which intervene in the matter, crediting their quality.
Article 6 all the acquisitions due to expropriation have the original character, and as a result: 1. If the expropriation is intended to the acquisition of the domain of the expropriated assets, are cancelled installed, without any exception, all the charges and charges prior to the acquisition.
2. If the expropriation is intended to the Constitution of constraints or limitations, perpetual or temporary, on the goods of the expropriated are cancelled all the installed loads and charges prior to the Constitution that are incompatible or that impair the right of the expropiant, without prejudice to compensation which, to reason, may be applicable.
Title II. The procedure expropiatori general chapter. Statements of public utility and need for employment or acquisition Article 7 1. The expropriation requires the prior statement of the public utility of the planned work and the need of occupation of the property or the acquisition of property rights affected.
2. The declarations of public utility and need for employment or acquisition must be approved by the General Council.
Article 8 For exception to provisions of the previous article, the Declaration of public utility is understood to have implied when the expropriation is necessary for the implementation of a plan of works and services that have been approved by the General Council. If the plan works or services has been subject to the procedure of public information, and the General Council has known as of the comments made by interested parties, it is understood also implied the need for employment or acquisition. In such a case can be started directly the phase of implementation, in the form provided for in article 19.
Article 9 1. The expropiatori procedure begins with the preparation for the expropiant of a record, set by a duplicate, in which there are to be necessarily the following documents: a) An explanatory, setting the aim, the purpose and the scope of the expropriation and arguing the reasons why, in their judgement:-the project deserves the Declaration of public utility.
-It is required the use of all or part of the goods included in the project, and whether it is purchasing property or constitute it constraints or limitations of the domain, the possession or enjoyment, detailing precisely the goods or the affected surfaces and the extent of the damage.
b) a plan of the property or properties the acquisition or the burden of which it deems necessary.
c) A detailed state of the fingers property or properties, with the relevant maps plot. laris.
d) a relationship justified from all other property or rights that are also the subject of expropriation.
e) other reports and documents which, at its discretion, obtained by the expropriation claim.
2. When the expropiant is a common, has sent the case to the Government.
3. When the procedure expropiatori the start the Government or a common instance of one of the entities referred to in paragraph 2 of article 2, this will have to justify, in urging the opening of the procedure, the legal origin of the expropriation and the quality of beneficiary. After will be heard as a party to the procedure, and on it exclusively favorable or adverse results Vice-Chairman of this procedure, in the legal order and the economic order.
Article 10 1. Received or set up directly by the Government the case of expropriation, must be subject to public information, within a period of fifteen working days, in the Ministry to be determined and in the communes of all the parishes in which they are rooted the goods affected by the case.
2. During the period of public information, those interested may consult, in the places where you will find the file, the plot plans. laris and the remaining documents to the componguin and to provide, in writing, all the data that they consider appropriate in order to correct possible errors in the published relationship, with the observations and the arguments you believe appropriate, and attaching all the documentary evidence deemed suitable for the defence of their interests.
3. When the expropriation may imply the need for employment of only a part of the estate, so that the owner can be antieconòmica or inaprofitable the conservation of the remaining part, the latter may request that the expropriation to understand the totality of the estate.
4. For the purposes of this law, it is meant by interested people with which they have to carry out the proceedings of the expropiatori procedure, as established in articles 3 and 4, and those that, by application of article 5, take in the transcript as a surrogate in place of the previous holders, as well as the Presidents and managers of these people and the judicial administrators of goods.
Article 11 1. The initiation of the expropriation file should be also published in the official bulletin of the Principality, with indication of the expropiant, the purpose and the scope of the expropriation, and law that assists those interested to consult, in the places where it is deposited, all the documentation of the project, and to submit, in writing, for a period of public information, observations and the appeals they deem appropriate.
2. The publication must understand necessarily: a) A full copy of the explanatory notes on the matter of expropriation.
b) A list of the property, assets or rights that the expropiant intends to acquire or who intend to set up constraints or limitations, with the name of the owners, if they are known.
Article 12 the Government has to take, in addition, a personal notification to affected owners, provided that their registered office and
personal circumstances appear in the file, with the same indications that those included in the previous article.
Article 13 public information after the deadline, the Government needs to send to the General Council all the pieces of the file, including the comments and appeals received, attaching to this sending a reasoned report which proposes the approval or denial of the declarations of public utility and need for employment and, at the same time, the modifications it deems that you have entered in the project , in virtue of the comments made by interested parties.
Article 14 1. The Audit Office, by checking compliance with formalities and requirements established in the previous sections, submits the case to the Full, in the first session to celebrate.
2. If the non-or the omission of any formality or major requirement, it returns the file to the Government so that the expropiant in restart the procedure from the procedure omitted.
Article 15 the General Council agrees in Full the claims of public utility and need for employment of goods or acquisition of the rights of the expropriation.
Article 16 of the agreement of the General Council favourable to the expropriation is immediately executori. In contrast there is no resource class, saved their unconstitutionality.
Article 17 of the agreement of the General Council is published in the official bulletin of the Principality and communicates to the Government, in order to proceed to publish it in the same places in which he had previously published the transcript of expropriation within a period of no less than 30 days, and we will notify you personally to all interested parties, under the conditions provided for in article 12.
Second chapter. Execution of the expropriation first section. Competent organs and valuation procedure Article 18 1. The president of the Court of magistrates is the competent body for the execution of the expropriation and its events. For the purposes of this law, it is called justice of the Expropriation.
2. The compensation for expropriation are set, in the absence of agreement between the parties, by a Commission composed of the expropriation expropriation by the judge, who is the Chairman, a notary and a designated expert by the Government.
Article 19 Received the notification of the General Agreement of the Council referred to in article 17, the Government submits to the judge of the Expropriation the expropriation dossier, because I order the immediate execution.
Article 20 1. For a period of thirty days, from the date of publication of the resolution of the General Council, all the interested can declare in writing, in front of the judge of the Expropriation, loads, easements and rights of any nature that video or they relapse over the real estate in expropriated: leases, rights of use or step, mortgages, etc., providing the titles or the corresponding tests.
2. Likewise, those interested may send a written estimate, recognised or not pericialment, the value of the farm or farms expropriated and the rights that the video or that you have on each.
3. When on all or part of the goods to be expropriated, have rights, proprietary or other, minors or unable to not appear through their parents or guardians, the judge has to promote the performance of the public prosecutor, to intervene in the proceedings and defend their interests.
4. The judge, during the same period, must form so many pieces or separate records as goods are included in the record of expropriation, excluding only those over which, in the past, transmission has occurred in favor of the expropiant, by means of friendly transaction.
Article 21 Completed this procedure, the judge adopts the measures of execution: 1. Summons the expropiant, the owner or owners of the goods expropiables and the remaining interested parties who have appeared during the previous period, to try to make them put their agreement, file by file, as an act conciliatori and prior to any other activity, on the amount of compensation. In any case, warns those interested who will not accept any dispute between them concerning the distribution of compensation to be fixed or on the validity or invalidity of the titles that emparin the respective rights, and which are reserved all actions that assist to the ordinary jurisdiction.
2. In respect of each piece or file in which there is agreement on the amount of compensation to be paid by the expropiant, the judge dictated it, immediately, resolution declaring firm estimate and the conclusion of the case, all agreeing to the execution under the terms of article 26 and the following.
3. With respect to the items or files which have not reached agreement on the previous Act conciliatori, the judge gives, immediately, resolution directing that will proceed to determine the compensation by way of authority.
4. The decisions provided for in this article there is no kind of resource.
Article 22 1. In the case provided for in paragraph 3 of the preceding article, the judge must set up, within a period of eight days, the expropriation Committee referred to in article 18.2.
2. The expropriation Committee takes its decisions by a majority of votes.
3. the Commission must issue its decision within a maximum period of two months from the date of its Constitution.
Article 23 1. The resolutions of the Commission expropriation must detail, for each file or as a separate piece, the situation and the surface of the goods that you understand, the charges and the rights that affect the value that refer to each. This value is the amount of the compensation. The resolution is to fix the amount of the expenses and costs arising from the performance of the Commission.
2. The appraisal is carried out in accordance with the value that private property or rights had expropiables at the time of the procedure of public information, provided it is not more than two years have passed since that time, taking as a basis of comparison, whenever possible, the price of the volunteer for appraisal of properties of analogous characteristics and situation, and without taking into account the plus-worth derived from the project that gives rise to the expropriation , or the predictable for the future.
3. The improvements made in expropiables goods subsequent to the opening of the case of expropriation are not determining, unless they prove that they were indispensable for the conservation of the goods. The Commission may require the expropriated because they provide evidence of the need for improvement and the date on which it has been carried out. If you do not provide the test or is
insufficient, the improvement is not taken into account.
4. When it comes to properties leased or loaned by parceria contract, or other right of use, the Commission shall fix the compensation of the property owner separately and need to satisfy to the Mississippi sharecropper tenant, or the owner of the right of use, due to the early resolution of the contract. To fix the second compensation, the Commission does not take into account the value of the crops will eventually lost.
Article 24 1. Despite the established in the previous articles, in any time and status of the procedure, the expropiant and the expropriated can reach the fixing of compensation by mutual agreement. In such a case, expropiant and expropriated must communicate their agreement, jointly and in writing, to the Commission of Expropriation.
2. Immediately after receiving this communication, the Commission follows the expropriation procedures, and gives the resolution stipulated in article 21.2, and gives to the enclosure or the parts affected, with inclusion of the expenses and costs, which should satisfy for half the expropiant and expropriated.
3. Except in the case mentioned in the previous section, the expenses and the costs arising from the performance of the Commission, has to pay in full the expropiant, along with compensation.
Article 25 The resolution of expropriation Commission, which set the compensation and expenses and costs of the taxation, is a seasoned immediately, under the terms of the following articles. The judge of the Expropriation must report, within eight days, the expropiant, the expropriated and remaining interested to which refers article 10.4, that are affected by the file or piece on which the top. It has also been published in the official journal.
Second section. Of the payment and the taking of possession of the goods Article 26 as soon as the Commission expropriation has dictated resolution fixing the indemnities and other sums that must meet the expropiant, judge of the Expropriation, at the request of the same expropiant or expropriated, proceed to the immediate execution, despite any resource instance or action brought or the parties to interject any way.
Article 27 1. If it is the expropiant who asks for the execution, the demand must be accompanied by necessarily the consignment of the totality of the amounts you have to pay, according to the resolution to run, and despite the fact that the same expropiant has formulated appeal against the valuation. Without this consignment, the demand of execution cannot be taken into consideration.
2. the sums being made, the judge agreed immediately and within a period of eight days, previous citation of expropriated, must deliver to the expropiant possession of the goods included in the resolution that is executed.
3. To this end, the judge, with the assistance of a Secretary, Nuncio and the expert surveyor that designates, is, on the day and time specified in the citation, on the goods in question and, following the traditional formula, gives possession to the expropiant, no matter if you are expropriated attended as otherwise, all extending record of employment, which is relayed back to the expropiant and to the expropriated , and in which he warns those who refrain from any violence or resistance in the peaceful possession of the expropriated property, under penalty of being prosecuted for contempt and the remaining civil and criminal responsibilities that appropriate.
4. The record of employment and delivery of possession must contain, in addition, the description, the delimitation and, if applicable, the fitació of the expropriated property, and likewise all the circumstances that it consider useful to specify physical and legal status of the property at the time of the occupation.
5. If at the time of delivery of the property or at any later time, all expropriated or some of them exercissin violence or resistance to the occupation or the subsequent use of the property, the judge ordered the intervention of the public force in support of the rights of the expropiant, without prejudice to the responsibilities which incurs or incurred who motivate this intervention.
6. Delivery of possession involves the immediate release of the tenants and the other occupants of the estate.
Article 28 When the expropriation to the Constitution of constraints or limitations, perpetual or temporary, of the domain or enjoyment expropriated on the property in question, the delivery of the property consists of the historical tradition of the quasi-possession of the expropriated rights, with the compliance, on their own terms, of the remaining paperwork and intimacions of the previous article , to the extent required by the exercise of the rights of the expropiant.
Article 29 from the moment of the delivery of possession, the expropiant can, by their own authority, allocate the property for the purposes of the expropriation dossier and to carry out, within this framework, the works and you think appropriate.
Article 30 Delivered possession to the expropiant, the judge will continue the proceedings of execution, in the following terms: 1. In respect of the cases in which, pursuant to articles 21 and 24, have been produced according to their own payment) was derived: terms of the agreement, and left-luggage office the result in the corresponding record must sign all interested and serving in the expropiant of àpoca and title latori cancellation of all charges and the charges of the goods prior to the expropriation that are compatible with the character of original acquisition which, in any case, corresponds to the expropiant.
b) below, you must require the expropiant and expropriated because, within a period of fifteen days, to appear before a notary to provide appropriate public deed, in which you will need to reassure protocol a copy of the authentic record of payment referred to in the previous section, along with the jobs, and in which they must declare canceled all previous charges and charges , in the terms in which you make the payment.
c) Together, warns the expropriated or expropriated, if does not appear or does not give the script within the period indicated, it will be directly on your behalf the same judge, without new citation or requirement, within the eight days following the day on which you receive the written notice of the expropiant according to which the expropriated refused to appear or give the notarial deed. The must also warn that, in this case, the costs to which it gives rise to intervene were by the same expropriated.
of the fingers) requirements and warnings must be appropriate for due diligence in the record of payment.
e) in any case, the cost of granting of the script
and that caused the obtaining or the registration of the ownership of the expropiant to the local records and administrative records, they were in charge of the expropiant.
2. With respect to the items or files that have not been produced according to or has been interposed resource: a) the judge decreed that the sums recorded for the expropiant are held in deposit, available to anyone who proves to have it right on the merits of subsequent agreement or of the resolutions that they relapse.
b) the remaining procedures relating to the pay and the granting of the relevant deed are on hold until the time in which it occurs or until a firm resolution.
Article 31 1. If the execution of the decision provided for in article 26 is take by any of the expropriated, the judge should require the expropiant because, within the thirty days following the request, proceed to consign all the sums that, within the file or the piece that has been the subject of the resolution, are at your expense.
2. the sums being made, the judge comes in the form indicated in article 27 and the following.
3. Elapsed without effect the deadline indicated for the consignment, the execution is on hold, but the expropiant are means, to all intents and purposes, constituted in arrears from the day following the expiry of the aforementioned term and, in such a concept, if you later, and before it expires the valuation of compensation, it intends to continue running, you must specify, in addition to the sums determined in the resolution , the legal interest that have occurred since the time of the delay to the effective allocation.
Article 32 1. Against the proceedings of execution provided for in this section are not possible other resources that they have to the rectification of possible errors in the description, and the fitació of the goods, the cancellation of the payment and the distribution of compensation.
2. any resources not have suspensive effects ever.
Title III. The expiry date of the file and of the reversion of expropriated property Article 33 if you are two years from the date of the decision fixing the amount of compensation and the remaining sums by the expropiant, without the paid or consigned, shall be considered expired the record of valuation and will have to come again in the evaluation of expropiables goods in accordance with the rules of the second chapter of Title II.
Article 34 1. If after five years and before that in fifteen have passed from the date of occupation of the expropriated property, the expropiant has not yet begun the work or service that the reason for the expropriation, or started or made totally abandons, or if the desafecta property of the purpose of the expropriation, the expropriated or its successors can ask the expropiant the official statement of cessation of the employment or the tax.
2. Within a period of one year from the date of the official declaration of cessation of employment or of the tax, the expropriated or its successors are entitled to reacquired the property expropriated. To make use of this right, the expropriated must be paid to the expropiant compensation, the amount of which, in the absence of prior agreement between the two parties, shall be fixed by the Commission of Expropriation, following the same rules of the second chapter of Title II.
3. The same right of readquisició, within the period of one year from the tax, corresponds to the expropriated or its successors, before passing the first five years from the date of occupation of the property, these were officially desafectats by the expropiant, or at the request of his, the purpose of the expropriation. In this case, however, the compensation to be paid to the expropriated is the same as, at the time, had paid or consigned the expropiant.
Title IV. Extreme urgency procedure Article 35 exceptionally, in the event that, for reasons of extreme necessity or force majeure, is necessary the immediate occupation of the goods subject to compulsory purchase, follow the procedure to determine the following sections: 1. The Government, on its own initiative or at the request of the expropiant, says the extreme urgency of the occupation, is a simplified transcript in which must include in any case, a report explaining the reasons of force majeure that justify recourse to this exceptional procedure, and the identification of the lands that are the subject-matter, and relayed to the Permanent Commission of the General Council, at the same time notifying those interested, if it has the address.
2. The Permanent Commission of the General Council examines the file and resolve on the urgency of the occupation. The resolution is limited to this rating, has been published in the official bulletin of the Principality and must report immediately to the Government, with return of the transcript.
3. The Government should give the file to the judge of the expropriation, without setting up the Commission of Expropriation, but advising with the experts who think fit, and the oint expropiant and expropriated as long as you possibly can, fixed, within five days, the amount of the deposit that must be the expropiant to guarantee temporarily the compensation expropiatòries, as well as the others who respond for the damages caused by the urgency of the occupation , and the expenses and costs of the procedure.
4. As soon as the expropiant have consigned the provisional deposit referred to in the previous section, you can ask for the possession of the expropriated property.
The procedure is provided for in article 27 above, but the term is reduced to half.
5. Within the period of one month from the date of publication of the resolution of the Standing Committee by declaring the urgency of the occupation, the Government is obliged to complete the record of expropriation, and to follow all the procedures, in accordance with the ordinary procedure.
Also according to this procedure is applicable to the determination of the amount of compensation, which should include, when appropriate, the the damage caused due to the urgency of the occupation.
6. If the compulsory purchase of all or a part of the goods of which the expropiant has taken possession by the urgent procedure is abandoned in the ensuing ordinary procedure, the Government must immediately notify the judge of the Expropriation, in order that brings in the possession of the expropriated. This refund does not exclude compensation for the damages caused by the occupation that, in the absence of friendly agreement between the parties, is fixed by the Commission of expropriation in accordance with the rules of the second chapter of Title II.
Title v. of the procedure in the case of construction, enlargement or renovation of roads, roads, squares, gardens or public parks Article 36 When the expropriation procedure aims to the construction, enlargement or the conditioning of roads, roads, squares, gardens and public parks, the processing is carried out in accordance with the amendments provided for in this title.
Article 37 1. Have the condition of interest, in addition to those indicated in article 10, all owners of real estate situated within an area bounded by two lines placed at 22 meters deep on both sides of the new borders of construction of the road, road, square, garden or Park you have to build, expand or renovate, and paralleling those new limits , despite the fact that the work to be performed does not involve the use or total or partial of their estates.
2. The report and the plans provided for in article 9 shall comprise, in addition, a separate and detailed status of these farms do not ocupables that, located on either side of the road, road, square, the garden or the Park, are building or are built-up, and also a plan of these properties with the express indication of non-ocupables.
3. The publication prescribed in article 11 must also understand the relationship of non-ocupables estates referred to in the previous section of this article.
4. For the purposes of article 20, the judge also promotes the intervention of the public prosecutor in the proceedings, to defend the interests of minors or unable to, being property owners not-ocupables included in the file, it does not appear by their parents or guardians.
5. For the purposes of section 4 of the same article 20, are excluded also from the parts or separate records that must form the Commission those non-ocupables estates in which it occurred, between the expropiant and the owners, prior agreement on the amount and the payment of the plus-value that affects. With regard to the remaining cases, or the pieces that understand they have to mention their quality of non-ocupables.
Article 38 regarding the piece or pieces that understand the non-ocupables estates, the procedures of articles 21 and 26 are understood referred to the friendly fixture or by way of authority of the amount of the plus-value that affects.
Article 39 1. In the special procedure established by the present title, the expropriation Commission rate separately the value of the URparcel.les and the buildings to occupy, and the non-ocupables included in the 22-metre area referred to in article 37, and also determines the value of plus-value for each of them.
For the URparcel.les or URsubparcel.les who do not have front to the new limits of the road, road, square or Park to build or condition is considered to be 50% of the value of similar URparcel.les with a façade.
2. The value of plus-value for each parcel.la (Vi) is determined by applying the following formula: wine = if x ei [C/(S2 x S3 P3 + P2 x)] = if x ei x V where:-si = Area in square meters (m2) to expropriate the parcel.la "and".
-Si = Area in square meters (m2) of the parcel.la "and" located within the area of twenty-two (22) metres on each side, as defined in article 41.
-ei = Price in pesetas per square metre (PTA/m2) established by the Commission of Expropriation for the parcel.la "and".
-P = total value of other buildings, property or rights included within the area of expropriation in pesetas (PTA).
-S1 = surface area in square meters (m2) occupied the work to build.
-Pt = average price in pesetas per square metre (PTA/m2) for the execution of the work corresponding to the year of the expropriation.
-S2 =-if: total area of expropriation in square metres (m2).
-P2 = (-if x ei + P)/S2: average price of expropriation in pesetas per square metre (PTA/m2).
-S3 =-if: total surface area within the area of twenty-two (22) metres on each side, in square metres (m2).
-P3 =-if x ei/S3: average price of assessment of the areas of twenty-two (22) metres on each side, in pesetas per square metre (PTA/m2).
-C = S1 x S2 + Pt x P2: total Cost of the work in pesetas (PTA).
-V = C/(S2 x S3 P3 + P2 x): coefficient of plus-value.
3. The value of the Po has set by Decree the Government during the first year of validity of the present Law and must be updated every year by applying the following formula:-Pt = Kt x Po-Kt = 0.39 Ht/I + 0.20 Et/Eo + or,07 Ct/Co + 0.02 Lt/Lo + 0.17 St/sound + 0.15 where:-Kt = theoretical Coefficient of review for the year of execution t.
-I = Index of the cost of labor in the first year of validity of the law.
-Ht = Index of the cost of labor in "t".
-Eo = Index of energy cost in the first year of validity of the law.
-I = Index of cost of energy in "t".
-Co = Index of the cost of cement in the first year of validity of the law.
-Ct = Index of the cost of cement in "t".
-So the cost of steel materials Index = the first year of validity of the law.
-St = steel materials cost Index in "t".
It = Index of cost of linked bituminosos the first year of validity of the law.
-Lt = Index of cost of linked bituminosos in "t".
The values of the indexes of the year "t", as well as the first year of validity of the law, has to set by Decree the Government.
4. in all cases of expropriation must be guided by this procedure, you must include the necessary data that allow the expropriation Commission determining the value of the expropriation and the plus-value of each parcel.la, plot plans. laris, the surfaces If, if, S1, S2, S3 and Pt.
For the purposes of illustration the application of the procedure that determines this article include, as an annex to the present law, two examples regarding cases of opening of a new road, and the widening of an existing road.
Article 40 1. With respect to the ocupables property, the value of plus-value must be deducted from the compensation to be paid by the expropiant, as long as this sufficiently fianci, at the discretion of the judge, its total or partial refund, as a result of any resources that entaulin against the valuation.
2. If the compensation, it is still some difference in favor of the expropiant, you need to stick to this difference, in the next article, in respect of the payment of the value of plus-value on the part of the holders of non-ocupables estates.
3. Conversely, the resulting amount in favour of the expropriated, once made the compensation, the compensation to be paid to the expropiant on the occasion of the expropriation, without prejudice to the corrections that prosecuted as a result of any appeals against the valuation.
1. With respect to the non-ocupables properties, their owners can pay the value of plus-value within the three months following that in which, in accordance with article 25, the Commission has been notified of the resolution of Expropriation, by consignment of the Expropriation before the judge, who will deliver the relevant provisional àpoca.
2. After the deadline indicated, are automatically organized into arrears the holders who have not proceeded to consign the value of plus-value, and in this case: a) the value of plus-value increases with a 5% for each year that lies between the date of expiration of the term of consignment and consignment or pay cash, without that the increases may exceed 50% of the initial value.
b) the value of plus-value, with the relevant increases according to the previous section, is the capital of plus-value, which produces, in favor of the expropiant, the legal interest from the day following the expiration of the term of consignment to that in which it is effectively consigned or paid.
c) cannot authorize any demand for construction, development, sale or disposal of estates subject to the payment of the plus-value, if their owners or who made the request does not certify the consignment or do not pay at that event in the expropiant capital of plus-value with the corresponding legal interests.
Article 42 1. The judge of the Expropriation must send to the expropiant the sums that, for the concept of value of plus-value, may be recorded in accordance with the previous article, at the time that the expropiant appropriated compensation and in the total or partial refund enough fianci as a result of the resources that may be holding against the valuation.
2. In the absence of financing ..., the judge must keep the consignment until the resolution has been firm due to lack of resource or, if this is the case, until until the resolution of this.
Article 43 1. Elapsed without effect the deadline for appeal against the decision of valuation and credited this to the expropiant, the judge of the Expropriation orders the cancellation of fiançaments and makes the final payment of the sums which, by plus-worth, get on consignment. Together, delivered the final àpoca consignants that anul.la and replaces the provisional.
2. The same effect with respect to the cancellation of fiançaments and delivery of final àpoques produces the execution of resolutions relapses in the resources eventually brought against the valuation.
Article 44 1. The filing of appeal against the valuation does not produce suspensive effects of the obligation of consignment of plus-value, nor of the increments and interests, without prejudice to the corresponding corrections to carry out once you have relapsed resolution.
2. The filing of appeals also does not produce stoppage or perverting the delivery to the expropiant of the sums recorded by plus-value, when the expropiant has paid bail.
Article 45 1. In cases where, having received plus-value, the expropiant officially discontinued the project, you will have to return to all owners of properties affected, occupied or not, the sums you have perceived in the concept of plus-value, increased with legal interests arising from the date on which he received.
2. The same is understood if, after five years from the perception, has not yet begun the work.
Title VI. Resources Article 46 the resolutions of the Commission expropriation which refer articles 23 and 25 put an end to the administrative. Against those resolutions and, in general, against the decisions of valuation, so much of the compensation as the plus-value, the interested parties may lodge an appeal before the Administrative and Tax Jurisdiction.
Article 47 1. The Administrative and Tax Jurisdiction set out in front of the resources only have devolutius effects, without which we will never be able to suspend, stop or hinder the execution of the decision under appeal, with regard to file transfer of the property or to the possession of the expropriated property or in the Constitution about these assets of constraints or limitations on what the expropriation consist, or their use for the purposes of the expropriation.
2. Does not have suspensive effects never of the execution of the decisions of the judge of the compulsory purchase or expropriation Commission the procedures and actions that those interested could promote before the ordinary jurisdiction in the matters, disputes and controversies that are reserved. The resolutions that they relapse, can only be made effective on the amounts recorded as compensation for the expropriated assets remaining and expropiant belonging to the convicted.
Article 48 the expropiant cannot formulate resource if, previously or simultaneously in their filing, not renowned for having paid the amount of the expenses and costs referred to in article 23.
Article 49 the controversies or disputes about ownership of the farms, on validity or annulment of the titles of those who intend to rights on those, or on the distribution of the compensation between the owners and the holders of rights of any nature are competence of the ordinary jurisdiction.
Final provisions First this law shall enter into force fifteen days after its publication.
Second abolishes all the foregoing relating to the matters regulated by this law and, in particular, the procedure for expropriation due to public interest, of 11 April 1958, and the modification of the Decree of expropriation due to public interest, of 5 July 1974.
Casa de la Vall, 3 September 1993 Jordi Farràs Forné Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Joan Martí Alanís François Mitterrand and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra Annex examples of application of article 39 example 1. New road in the map 1 of this annex has been represented a stretch of new road construction of 1000 metres long, 20 metres wide and the adjacent areas of application of plus-value of 22 metres.
The number of URparcel.les is considered of 20, numbered from 1 to 20 and within the parcel.la 15 have been considered two buildings, an "Ea" in the area of expropriation and the other "Eb" in the 22-metre area.
Each parcel.la has been divided into URsubparcel.les that have been designated with the letter "a" for the subparcel.la to continue, with the letter "b" for the URsubparcel.les inside the 22-metre area with a façade on the road and the
letter "c" for the same URsubparcel.les without façade on the road. Therefore, the URsubparcel.les with the letter "a" for the surface called "If" of article 39 and the sum of the URsubparcel.les with the letters "b" and "c" on the surface called "If" of the aforementioned article.
Then figure the box number. 1 with the surfaces and the prices of each subparcel.la in accordance with the criteria of article 39.
Table No. 1 Sub Patch if ei ei ei ei If If x if x (m2) (PTA/m2) (PTA) (m2) (PTA/m2) (PTA) 1 1a 1b 1 c 2a 2b 1,374 15,000 20,610,000 1,899 9,750 18,515,250 2 4,246 19,500 82,797,000 1,433 19,500 27,943,500 2,900 15,000 43,500,000 280 7,500 2,100,000 3 2 c 3a 4a 4b 4 c 5 c 3,134 6,375 19,979,250 6 373 15,750 5,874,750 4 4,023 12,000 48,276,000 3,660 12,000 43,920,000 280 6,000 1,680,000 5 6a 6b 509 13,500 6,871,500 3,300 13,500 44,550,000
958 6,750 6,466,500 7 6 c 7a 7b, 8a 8b 8 c 396 12,750 5,049,000 2,736 12,000 32,832,000 1,050 12,000 12,600,000 8 17 12,750 216,750 2,100 6,375 13,387,500 9 9a 9b 1,275 15,750 20,081,250 243 15,750 3,827,250 10 10 c 2,943 7,950 23,396,850 11 11a 11b 12a 12b 1,175 15,000 17,625,000 584 7,500 4,380,000 12 11 c 12 c 1,320 15,000 19,800,000 131 16,500 2,161,500 1,804 16,500 29,766,000 2,783 8,250 22,959,750 13 13a 13b 3,116 21,495 66,978,420 673 21,495 14,466,135 14 14a 273 14,250 3,890,250
14B 15a 15b 15 c 14 c 2,360 13,500 31,860,000 1,011 13,500 13,648,500 2,179 14,250 31,050,750 1,070 7,125 7,623,750 15 77 6,750 519,750 16 17c 2,176 6,750 14,688,000 17 16 c 430 12,750 5,482,500 775 12,000 9,300,000 eServices 1,328 7,500 9,960,000 18 19 c 20 c 36 6,000 216,000 20 390 12,000 4,680,000 18b 19b 19a 240 12,750 3,060,000 19 TOTAL 940 8,250 7,755,000 20,000 300,003,420 44,000 506,342,235-S2 =-if = 20,000 m2-if x ei = 300,003,420 PTA in this value of land expropriation has been added the value of other buildings or other rights are located within the area of expropriation and which in this case corresponds to the building, "Ea" in the parcel.la 15, the value of which we consider is 8,500,000 PTA (P)-P = Ea = 8,500,000 PTA-P2 = 308.503.420/20,000 = PTA 15,425.17/m2-S3 =-if = 44,000 m2 if x ei = 506,342,235 PTA in this value does not have to add any other value of building or other rights are located within the area of 22 meters on each side.
-P3 = 506.342.235/11,507.78 = 44,000 PTA/m2 as the price of construction is considered to be: Pt = 35,000 PTA/m2 surface area of the work to build: S1 = 20 x 1000 = 20,000 m2 total Cost of the project: C = x + x 20,000 20,000 35,000 15,425.17 = 308,503,420 + 1,008,503,420 = 700 million PTA plus Coefficient-value: V = 1.008.503.420/814.845.655 = 1.23766.
Then figure the box number. 2 with the number of the parcel.la, the rightful compensation for the compulsory purchase of the land or other property or rights, the basis for the calculation of the plus-value, the plus-value and the difference between the compensation and the plus-value.
Table No. 2 Compensation for the Base Patch Plus-value difference for expropriation calculation (Vi) plus-value 1 27,943,500 101,312,250 125,390,119 (97,446,619) 2 20,610,000 45,600,000 56,437,296 (35,827,296) 3 5,874,750 5,874,750 4 48,276,000 45,600,000 56,437,296 (8,161,296) 5 19,979,250 24,727,519 (24,727,519) 6 6,871,500 51,016,500 63,141,081 (56,269,581) 7 32,832,000 12,600,000 15,594,516 17,237,484 8 216,750 18,436,500 22,818,119 (22,601,369) 9 20,081,250 3,827,250 4,736,834 15,344,416 10 23,396,850 28,957,345 11 17,625,000 24,180,000 29,926,619 (28,957,345) (12,301,619) 12 2,161,500 52,725,750 65,256,552 (63,095,052) 13 66,978,420 14,466,135 17,904,157 49,074,263 14 3,890,250 38,674,500 47,865,882 (43,975,632)
15 40,360,000 14,168,250 17,535,476 22,824,524 16 14,688,000 18,178,750 (18,178,750) 17 9,960,000 12,327,094 (12,327,094) 18 5,482,500 3,060,000 3,787,240 1,695,260 19 9,300,000 4,896,000 6,059,583 3,240,417 20 7,755,000 9,598,053 (9,598,053) example 2. Expansion of road On the map 2 of this annex has been represented a section of existing road 8 metres wide and 1,000 meters in length which should widen to 20 metres, as well as the adjacent areas of application of plus-value of 22 metres.
The number of URparcel.les is considered of 20, numbered from 1 to 20 and within the parcel.la 15 have been considered two buildings, an "Ea" in the area of expropriation and the other "Eb" in the 22-metre area.
Each parcel.la has been divided into URsubparcel.les that have been designated with the letter "a" for the subparcel.la to continue, with the letter "b" for the URsubparcel.les inside the 22-metre area with a façade to the new road and with the letter "c" for the same URsubparcel.les without façade to the new road. Therefore, the URsubparcel.les with the letter "a" for the surface called "If" of article 39 and the sum of the URsubparcel.les with the letters "b" and "c" on the surface called "If" of the aforementioned article.
Then figure the box number. 3 with the surfaces and the prices of each subparcel.la in accordance with the criteria of article 39.
Table No. 3 Sub Patch if ei ei ei ei if x if x If plot (m2) (PTA/m2) (PTA) (m2) (PTA/m2) (PTA) 1 1a 1b 1 c 2a 2b 1,481 32,500 48,132,500 4,246 32,500 137,995,000 1,899 16,250 30,858,750 2 210 25,000 5,250,000 2,900 25,000 72,500,000 280 12,500 3,500,000 3 2 c 3a 4a 4b 4 c 5 c 280 10,000 2,800,000 5 3,660 20,000 73,200,000 2,263 20,000 45,260,000 323 26,250 8,478,750 4 3,134 10,625 33,298,750 6 6a 599 22,500 13,477,500 6b 3,300 22,500 74,250,000 958 11,250 10,777,500 7 6 c 7a 7b, 8a 8b 8 c 396 21,250 8,415,000 1,436 20,000 28,720,000 1,050 20,000 21 million 8 17 21,250 361,250 2,100 10,625 22,312,500 9 9a 9b 635 26,250 16,668,750 243 26,250 6,378,750 10 10 c 11 c 131 27,500 3,602,500 12a 11a 11b 1,320 25,000 33 million 615 25,000 15,375,000 2,943 13,250 38,994,750 11 584 12,500 7,300,000 12 12b 13a 13b 14a 1,804 27,500 49,610,000 1,876 35,825 67,207,700 673 35,825 24,110,225 14 12 c 273 2,783 13,750 38,266,250 13 23,750 6,483,750
14B 15a 15b 15 c 14 c 1,320 22,500 29,700,000 1,011 22,500 22,747,500 2,179 23,750 51,751,250 1,070 11,875 12,706,250 15 77 11,250 866,250 16 16 c 17c 2,176 11,250 24,480,000 17 1,328 12,500 16,600,000 18 250 21,250 5,312,500 240 21,250 5,100,000 19 495 20,000 9,900,000 19 c 390 20,000 7,800,000 19b eServices 18b 19a 36 10,000 360,000 20 20 TOTAL 940 13,750 12,925,000 11,924 303,930,200 44,000 843,903,725-S2 =-if = 11,924 m2-if x ei = 303,930,200 PTA in this value of land expropriation has been added the value of other buildings or other rights are located within the area of expropriation and which in this case corresponds to the building, "Ea" in the parcel.la 15, the value of which we consider is 8,500,000 PTA (P).
-P = Ea = 8,500,000 PTA-P2 = (-if x ei + P)/S2 = (303,930,200 + 8,500,000)/312,430,200/26,201.7947 = = 11,924 11,924 PTA/m2-S3 =-if = 44,000 m2-if x ei = 843,903,725 PTA in this value does not have to add any other value of building or other rights are located within the area of 22 meters on each side.
-P3 = 843,903,725/19,179.63 = 44,000 PTA/m2 as the price of construction is considered to be: Pt = 20,000 PTA/m2 surface area of the work to build: S1 = 11,924 m2 total Cost of the project: C = S1 x S2 + x = x Pt P2 11,924 20,000 + 26,201.7947 + 238,480,000 550,910,200 = 312,430,200 = x 11,924 PTA plus Coefficient-value: V = C/(S2 x S3 P3 + P2 x) = 550,910,200/(312,430,200 + 843,903,725) = 0.47643 then figure the box number. 4 with the number of the parcel.la, the rightful compensation for the compulsory purchase of the land or other property or rights, the basis for the calculation of the plus-value, the plus-value and the difference between the compensation and the plus-value.
Table No. 4 Parcel.la for the Base compensation plus-value Difference calculation expropriation (Vi) plus-value 1 48,132,500 168,853,750 80,446,992 (32,314,492) 2 5,250,000 76 million 36,208,680 (30,958,680) 3 8,478,750 8,478,750 4 45,260,000 76 million 36,208,680 9,051,320 5 33,298,750 15,864,523 (15,864,523) 6 13,477,500 85,027,500 40,509,652 (27,032,152) 7 28,720,000 21 million 10,005,030 18,714,970 8 361,250 30,727,500 14,639,503 (14,278,253) 9 16,668,750 6,378,750 3,039,028 13,629,722 10 38,994,750 18,578,269 11 15,375,000 40,300,000 19,200,129 (18,578,269) (3,825,129) 12 3,602,500 87,876,250 41,866,882 (38,264,382) 13 67,207,700 24,110,225 11,486,834 55,720,866 14 6,483,750 64,451,500 30,709,487 (24,225,737) 15 38,200,000 23,613,750 11,250,299 26,949,701 16 24,480,000 11,663,006 (11,663,006) 17 16,600,000 7,908,738 (7,908,738) 18 5,312,500 5,100,000 2,429,793 2,882,707 19 9,900,000 8,160,000 3,887,669 6,012,331 20 12,925,000 6,157,858 (6,157,858) Download the document