Modifies The Article 59 Of The Act General Town Planning And Constructions, With The Purpose Of Establishing The Revocation Declaration Of Utility Publishes Contained In Regulatory Plans

Original Language Title: MODIFICA EL ARTICULO 59 DE LA LEY GENERAL DE URBANISMO Y CONSTRUCCIONES, CON EL OBJETO DE ESTABLECER LA CADUCIDAD DE LA DECLARATORIA DE UTILIDAD PUBLICA CONTENIDA EN LOS PLANES REGULADORES

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"Article 1.-Introducense the following modifications in the decree with force of law No. 458, 1975, General town planning and constructions Act: 1. Article 59 shall be replaced by the following: ' article 59.-Declaranse of public utility by the deadlines indicated in the following paragraphs, located in urban areas and urban expansion land consulted in the communal and inter-communal regulatory plans aimed at expressways" " trunk, bus, local and inter-communal and communal parks including their expansions and service. Defeated such deadlines, will expire automatically declared of public utility and all its effects. Planning new regulations applicable to these areas must be set within a period of six months, counted from the expiration of the Declaration, by the respective municipality, by Mayoral Decree, following a report of the Regional Ministerial Secretary of housing and urban development, assimilating them to the predominant area of the adjacent to the ground.
Deadlines for revocation for declarations of public utility of land located in the urban area, according to their destination, shall be ten years for the expressways, and five years for the trunk roads and bus and inter-communal and communal parks.
The term of expiration of declarations of public utility of land located in urban areas, whatever their destination, shall be ten years, and may extend for once for same period.
The deadline for declarations of public utility of trunk roads and bus and intercommunal parks located in the urban area land, may be extended only once, by period. The extension will be processed in accordance with the procedure laid down for the amendment of the respective instrument of territorial planning.
In the land subject to the Declaration of public utility and, while we proceed to expropriation or acquisition, the volume of the existing buildings at the date of approval of the respective regulatory plan, may not be increased on the part of the property that is affected to such a declaration if it is partial.
The Declaration of public utility expired, the affected property may be undeclared again affection to public utility for the same uses which are included in a declaration, unless the expropriation act is made within the period of sixty days from the date of entry into force of the new declaration. That period expired, expire automatically the Declaration of public utility.
Regulatory schemes may not declare public utility land located in rural areas.
As provided in the preceding paragraphs shall not affect nor shall it apply in any way to expropriation processes authorised in other legal standards. "."

2. replace article 83 by the following: ' article 83.-expropriations that the municipalities under a declaration of public utility are subject to the procedure referred to in Decree Law No. 2.186, 1978, law of expropriation procedure. ".

3 repeal articles 84, 85, 86, 87, 89, 91, 92, 93, 94, 95, 96, 97, 98, 100, 101, 102, 103 and 104.

4 joining article 122 following subsection second, new, passing the current subsection second to be third: "If the free transfer after caducare the Declaration of public utility, the assignor may request the municipality the restitution of the assigned property. The municipality must be such restitution, free of charge, in a period not exceeding three months from the request. Costs arising will be in charge of the applicant."