Advanced Search

Royal Decree 2310 / 1981, Of 13 July, Whereby The Provisions Contained In The Law 5/1980 Of 22 February, Relating To The Region Of Malagón Unfold.

Original Language Title: Real Decreto 2310/1981, de 13 de julio, por el que se desarrollan las disposiciones contenidas en la Ley 5/1980, de 22 de febrero, relativas a la comarca de Malagón.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Law five/thousand nine hundred and eighty, of twenty-two of February, concerning measures to solve the problem of the historical rights of the region of Malagón and to promote the integral development of the same, contains a series of provisions which, given the complexity of these provisions, are essential to develop.

In the field of parcelary concentration it is necessary to adopt the rules contained in the Law with which they regulate the ordinary procedure of parcelary concentration. Moreover, it is considered appropriate for the planning and execution of the works and improvements to realize that the parcelaria concentration is carried out, not only in the so-called "mountains and land of the region of Malagón", but in the totality of the municipal terms of Malagón, Porzuna, Fuente el Fresno and Los Cortijos.

the field of farm management, it is estimated that the same criterion should be applied to extend the benefits that it brings to the whole of the abovementioned municipal terms.

In the field of livestock roads, a new and rational route will be carried out, harmoniously with the restructuring of the agrarian property of the region.

Finally, and in accordance with the ninth article of Law 5/a thousand nine hundred and eighty, it is considered appropriate to constitute a Commission in order to be able to determine, coordinate and propose the provisions that are precise for the The effectiveness of this Law in order to the integral development of the region of Malagón.

In its virtue, on the proposal of the Minister of Agriculture and Fisheries, with the approval of the Presidency of the Government and after deliberation of the Council of Ministers at its meeting of the day thirteen of July of one thousand nine hundred and eighty one,

DISPONGO:

Article first.-One. Agreed by Law five/thousand nine hundred and eighty, of twenty-two February, that the parcelary concentration is made of trade for the so-called "mountains and land of the region of Malagón" in each of the municipal terms of Malagón, Porzuna, Fuente el Fresno and Los Cortijos, in the province of Ciudad Real, are empowered to the Ministry of Agriculture and Fisheries, under Article fifty of the Law of Reform and Agrarian Development, so that by ministerial order, which will be published in the "Official State Gazette", it agrees, simultaneously or successively, as advised by the studies The Council of the European Communities, the Council of the European Communities, the Council of the European Communities, the Council of the European Communities, the Council of the European Communities,

Two. The parcelary concentrations agreed in accordance with the provisions of the previous paragraph, to all legal effects are declared of public utility and urgent execution, subject to the regime and producing the effects established in the Law of Reform and Agrarian Development, in Law five/thousand nine hundred and eighty, of twenty-two of February and in this Royal Decree.

Article 2.-One. The National Institute of Agrarian Reform and Development (IRYDA), once the parcelary concentration has been agreed, may recast one or more zones or divide in independent sectors, for the purposes of the concentration procedure and in the way that It is appropriate to the new management of the property, the total area covered by the municipal terms mentioned in the previous article.

Two. In any event, the areas of those terms which are not affected by the rights derived from the Scripture of Concordia, as referred to in the first article of the said Law five/thousand nine hundred and eighty, of twenty-two of February, are concentrate as independent areas or sectors.

Three. The IRYDA will propose to the Ministry of Agriculture and Fisheries, for its study by the National Institute for the Conservation of Nature (ICONA), a new and rational route of the previously classified livestock routes, which will harmonize with the restructuring of the agrarian property, leaving the remaining areas in the common domain of the neighbors, referred to in the fifth article of Law five/thousand nine hundred and eighty, of twenty-two of February.

Article 3.-One. In the base of the parcelary concentration, in addition to those contained in the article one hundred and eighty-four of the Law on Reform and Agrarian Development, they will be included, with the indication of their headlines and provided that they are accredited in the file, following:

A) The commonalities and the rights derived from the Scripture of Concordia that are currently being exercised.

B) The rights that correspond to the Causahabitants of Mr. Ares Pardo de Saavedra or to the acquirers of farms located by the Public Finance as a result of embargoes for tax debts, when they are not in possession effective and cultivation of the farms.

Two. With the assistance of the local councils and local agricultural chambers, the areas of the "mountains and land of the State, of Malagón" will also be reflected in the bases of the concentration. holders, who will be subject to the regime established in the seventh article of this Royal Decree.

Article 4.-Registration records relating to the rights that correspond to the successors in title of Mr. Ares Pardo de Saavedra or to the acquirers of farms located by the Public Finance as a result of embargoes For tax purposes, when they are not in the effective possession and cultivation of the farms, only the expropriatory effects referred to in the fourth and fifth articles of Law 5/a thousand nine hundred and eighty, of 22 February, shall be taken into account. (i) not giving them, therefore, the application of the provisions of Article 100 (90) and (3) of the Law of Reform and Agrarian Development.

Article 5.-The expropriation of the goods and rights referred to in the fourth and fifth articles of Law five/thousand nine hundred and eighty, of 22 February, shall be carried out for the sake of social interest, subject to the The following rules:

(a) The social interest of the expropriation shall be deemed to be declared when the bases of the parcelary concentration in which the goods or rights to expropriate appear related are firm.

b) The expropriation will be carried out in accordance with the current Compulsory Expropriation Law.

(c) The expropriated goods and rights shall be applied for the purposes determined in the Law five/thousand nine hundred and eighty, of 22 February.

Article 6.-One. In the Concentration Agreement, the National Institute of Agrarian Reform and Development will agree to the new management of the property, awarding, as the owner, to each of the holders referred to in the fourth article of Law Five/thousand. novehundred eighty, of twenty-two of February, the replacement farms that correspond to them of the surfaces of the "mountains and land of the State, of Malagón", and determining, by means of the update according to the needs and requirements of the Social reality, the use in common and the rights and situations The legal basis of the Deed of Concordia to which such replacement farms must be affected.

Two. The updating of such common advantage, rights and legal situations to which the replacement farms exclusively awarded to their holders must be affected will be concretized in the maintenance of the rights of the residents of the the region of Malagón de grasses and scrapers and fishing and minor hunting.

Three. Regulation of the rights of grasses and scrapers will be sought to accommodate, in general, the provisions of the Rules of Procedure of 6 June 2000, of the 1960s and the ninth. The rights of lesser hunting and river fishing will also be sought to accommodate the provisions of the laws of four April of a thousand nine hundred and seventy and twenty of February of a thousand nine hundred and forty two, as well as in their respective Regulations of Twenty-five-hundred-and-seventy-one-and-one-and-six-of-April, a thousand nine hundred and forty-three, taking into account the historical rights of the neighbors listed in the Scripture of Concord.

Article seventh.-One. The formal ownership of the goods not exclusively attributed to their respective holders and whose common domain is consolidated in favor of the neighbors of the region of Malagón, in their respective neighborhoods, pursuant to the provisions of the Article 5 of the Law five/thousand nine hundred and eighty, of twenty-two of February, will be assigned in the Agreement of Concentration to the respective Ayaldones of Malagón, Los Cortijos, Porzuna and Fuente el Fresno, with the character of communal goods.

Nevertheless, there will remain, on these goods, the common benefits and other rights derived from the Scripture of Concord that are currently being exercised, consisting of the historical rights of the neighbors. -to roll and plant vines and olive trees, to cut wood and wood, from pasture and stubble and from fishing and minor hunting.

Two. The National Institute of Agrarian Reform and Development, with the intervention of the respective local councils and local Agrarian Chambers, will update and regulate the aforementioned uses in common and other rights, in the process of concentration In order to achieve an adequate and rational use of the same, it would be necessary to adapt them to the legislation in force in the field of mountains, river fishing, hunting, grasses and scrapers.

Article 8.-The National Institute of Agrarian Reform and Development is empowered to apply the abbreviated procedure laid down in Article two hundred one of the Law of Reform and Agrarian Development to all or some of them. of the concentrations to be carried out in accordance with the provisions of this Royal Decree.

Article ninth.-One. According to the articles one hundred and twenty-eight and one hundred and twenty-nine of the Law of Reform and Agrarian Development, the management of the agricultural expropriations of the Malagón area is agreed to achieve sufficient dimensions and adequate characteristics. in order to structure, capitalization and business organization.

Two. The Malagón farm management area is considered to be integrated in the whole of the municipal terms of Malagón, Los Cortijos, Porzuna and Fuente el Fresno, in the province of Ciudad Real.

Three. To these effects the declaration of public utility and social interest contained in the first article of Law five/thousand nine hundred and eighty, of twenty-two of February, is extended to the totality of the area of the municipal ones indicated in the paragraph previous.

Four. The Ministry of Agriculture and Fisheries is empowered to publish by ministerial order, which shall be published in the Official Gazette of the State, the characteristics and limits of the holdings to be promoted, the production guidelines, the activities to be encouraged, the aid and incentives authorised by the Law which are granted and the time limits for applying them.

Article 10.-One. In order to achieve the most effective compliance with the provisions of the ninth article of Law five/thousand nine hundred and eighty, of 22 February, a Commission is constituted presided by the President of the National Institute of Reform and Development Agrarian and formed by a representative of each of the Ministries of Agriculture and Fisheries, Finance, Industry and Energy, Education and Public Works and Urbanism and the Agricultural Chambers and Chambers corresponding to those mentioned in the aforementioned Law, as well as a representative of the Provincial Council of Ciudad Real.

Two. This Commission will be incorporated, at the request of its President, a representative of any other ministerial department whose collaboration is necessary to contribute to the development of the region.

Three. An official of the IRYDA, to be appointed by the President, shall be the Secretary of the Commission. The President may also designate, as advisers to the Commission, persons whom he sees fit for his knowledge of the problems of the region.

Four. The Commission shall be responsible for determining, coordinating and proposing to the Government or the competent ministries the specific works and actions which are aimed at the integral development of the Malagón region.

TRANSIENT DISPOSITION

The provisions of Law five/thousand nine hundred and eighty, of twenty-two of February, as well as those contained in this Royal Decree, will apply to the existing parcelary concentrations in the region of Malagón, without going back in the process.

Given in Madrid to thirteen of July of a thousand nine hundred and eighty-one.

JOHN CARLOS R.

The Minister of Agriculture and Fisheries,

JAIME LAMO DE ESPINOSA

AND CHAMPOURCIN MICHELS