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Resolution Of 12 June 2015, Of The General Secretariat Of Infrastructure, On Delegation Of Powers Of Compulsory Purchase.

Original Language Title: Resolución de 12 de junio de 2015, de la Secretaría General de Infraestructuras, sobre delegación de competencias en materia de expropiación forzosa.

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TEXT

By Resolution of the Secretariat of State of Infrastructures of the Ministry of Public Works of 27 November 2001, the Railway Infrastructure Manager (GIF) was entrusted with the drafting of the construction projects of the High speed line Vitoria-Bilbao-San Sebastián, by way of Article 15 of Law 30/1992, of 26 November, of Legal Regime of Public Administrations and of the Common Administrative Procedure.

Also, by the Council of Ministers Agreement of 20 December 2002, the construction and administration of the high-speed line to the Basque Country of the North/North corridor was attributed to GIFs, which were taken by the Railway Infrastructure Manager (ADIF), in accordance with the provisions of the additional provision of Royal Decree 2395/2004 of 30 December 2004 approving the status of the ADIF.

Law 39/2003 of 17 November of the Railway Sector in Article 6 states that the approval of the corresponding basic project or the construction of railway lines, sections of the same or other elements of the railway the railway infrastructure or the modification of the pre-existing ones requiring the use of new land, the declaration of public utility or social interest, the need for occupation and the declaration of urgency thereof, for the purposes of of the compulsory expropriation of those in which the line, section or element of the line is to be constructed railway infrastructure or that are necessary to modify the pre-existing ones, as provided for in the expropriatory legislation.

The same precept states that when it corresponds to the Railway Infrastructure Manager (ADIF), the construction of the railway infrastructure, the expropriation power will be exercised by the General Administration of the State and the beneficiary of the expropriation shall be the public entity itself, which shall pay the Justiprice of the expropriations.

On April 24, 2006 a collaboration agreement was signed between the General Administration of the State, the General Administration of the Autonomous Community of the Basque Country and the Administrator of Railway Infrastructures. for the construction of the new railway network in the Basque Country in which the Basque Government is partially entrusted with the execution of the works of the new railway network in the Basque Country, which makes it appropriate in application of the principles of effectiveness, agility and proximity to the citizens contained in Article 3 of Law 6/1997, of 14 of April, to organize and operate the General Administration of the State, to delegate to the Subdelegates of the Government in the provinces of the Basque Country certain competences in the area of expropriations.

Subsequently, the fourth additional provision of Royal Decree 1044/2013, of 27 December, approving the Statute of the ADIF-High Speed Business Public Entity, provides that they will be understood as referring to the business public entity has the powers and the construction or administration of lines and how many management starts would have been done in favour of ADIF.

The final provision of Royal Decree 1072/2014 of 19 December 2014 establishing the State Agency for Railway Safety and approving its Statute has added a new paragraph (j) to Article 3.1 of the Royal Decree 452/2012, of 5 March, for which the basic organic structure of the Ministry of Development is developed and the Royal Decree 1887/2011 is amended, of 30 December, for which the basic organic structure of the departments is established Ministerial meeting, in which the General Secretariat of Infrastructures is assigned the powers in actions It is necessary to update the competition delegations which affect the construction of the High-Line railway infrastructure, which has been in the process of being expropriated in the field of railway infrastructure. Speed Vitoria-Bilbao/Irun.

In its virtue, in accordance with the provisions of Article 13 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and the provisions of the provision Additional 13th of Law 6/1997, of April 14, of Organization and Operation of the General Administration of the State, I have resolved:

First.

Delegate to the Government Subdelegates in the provinces of Alava, Guipúzcoa and Vizcaya, the exercise of the powers that correspond to the General Secretariat of the Infrastructures in matters of forced expropriation in relation to the construction works of the high speed line Vitoria-Bilbao/Irun (new railway network in the Basque Country).

Second.

The delegated powers may be endorsed at any time by the delegating body, in accordance with Articles 13 and 14 of Law 30/1992 of 26 November.

Third.

This resolution shall produce effects from the day following that of its publication in the "Official State Gazette".

Madrid, June 12, 2015.-The Secretary General of Infrastructures, Manuel Nino González.