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.
Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7285
By resolution of the Secretary state of infrastructures of the Ministry of development, of 27 November 2001, was entrusted with the drafting of the construction projects of the high speed line Vitoria-Bilbao-San Sebastián, by way of article 15 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure a Gestor de Infraestructuras Ferroviarias (GIF).
Also, by agreement of Council of Ministers, on December 20, 2002, was attributed to GIF Construction and management of the high speed line to the Basque country from the corridor North/Northwest, skills that were taken by the administrator of railway infrastructures (ADIF), in accordance with the provisions of the additional provision three of Royal Decree 2395 / 2004, of 30 December which approves the Statute of the ADIF.
Law 39/2003 of 17 November, the railway Sector, in its article 6 says that the approval of the corresponding Basic project or the construction of railway lines, sections of the same or other elements of railway infrastructure or modification of the pre-existing which requires the use of new land, will be the Declaration of public utility or social interest the need of occupation and the Declaration of emergency of the same, for the purposes of the compulsory expropriation of those that line, the section or element of the railway infrastructure must be built or that may be required to modify the pre-existing, according to the provisions of the expropriation legislation.
The same rule establishes that where appropriate the administrator of railway infrastructures (ADIF), construction of rail infrastructure, expropriation powers shall be exercised by the General Administration of the State and the beneficiary of expropriation will be the own public entity, which will have to pay the fair price of the expropriations.
April 24, 2006 was signed an agreement of collaboration between the General Administration of the State, the Directors General of the community autonomous of the Basque country and the administrator of railway infrastructure for the construction of the new railway network in the Basque country in which partially to the Basque Government entrusted the execution of the works of the new rail network in the Basque country which makes it convenient in application of the principles of efficiency, agility and proximity to citizens contained in article 3 of the law 6/1997, of 14 April, organization and functioning of the General Administration of the State, to delegate certain powers of expropriation in the Sub-delegates of the Government in the provinces of the Basque country.
Subsequently, the additional provision fourth of the Royal Decree 1044 / 2013, of 27 of December, which approves the Statute of the entity public business ADIF-high speed, establishes that they must understand concerning this public enterprise powers and parcels for construction or management of lines and many parcels management had made in favor of ADIF.
The first final provision of the Royal Decree 1072 / 2014, of 19 December, that creates the State Agency for railway safety and approves its Statute, has added a new paragraph j) to article 3(1) of the Royal Decree 452/2012, March 5, whereby the basic organizational structure of the Ministry of development develops and modifies Royal Decree 1887 / 2011 of 30 December, which establishes the basic organizational structure of the ministerial departments, which is attributed to the General Secretariat of infrastructure competencies in expropriatory actions in terms of railway infrastructure, which had been exercising the extinct General direction of railways, so it is necessary to update the delegations of competition affecting the construction of the line of high speed Vitoria-Bilbao/Irun.
Virtue, in accordance with the provisions of article 13 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, and provisions of the available additional thirteenth of law 6/1997, of 14 April, organization and functioning of the General Administration of the State, I have resolved : First.
Delegate to the Sub-delegates of the Government in the provinces of Alava, Guipuzcoa and Vizcaya, the exercise of competences that correspond to the General Secretariat of the infrastructure in terms of compulsory purchase in relation to the works of construction of the high speed line Vitoria-Bilbao/Irun (new rail network in the Basque country).
The delegated powers can be avocadas at any time by the delegating body, in accordance with the provisions of articles 13 and 14 of the law 30/1992, of 26 November.
This resolution will produce effects from the day following its publication in the "Official Gazette".
Madrid, 12 June 2015.-the General Secretary of infrastructures, Manuel child Gonzalez.
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