Wednesday, October 19, 2005
LAND GRAB REPORT DISAPPOINTMENT
Leaked document not tough enough
By Tom Cain
Charles Svoboda, the president of Abusos Urbanísticos No (AUN), has said the eagerly awaited report into land grab abuses in the Valencia region preparedby EU commissioner Janelly Fourtou does not go far enough in its condemnation of the contencious LRAU land law. Mr Svoboda said that although the document has some tough language in it, rather than being a hard-hitting report into the thousands of cases of landgrab abuses, the document appears to be more of a proposed resolution. He was particularly concerned over the fact that the findings of the visit were meant to be kept secret until they were presented to the petitions committee, yet by as early as Wednesday last week they were leaked to the press and were available, in French, on the EU parliament's website.
BRUSSELS TO TAKE ACTION
The European Commission has stated that while it applauds the Valencia government for introducing a new land law, it does not consider the LUV to be sufficiently robust and it needs more work on it in order to comply fully with EU regulations. The commission repeated that it sent a letter to the Spanish government several months ago informing it that legal proceedings have been started over the way procurement contracts for certain development projects have been awarded by some councils in the Valencia Region using the LRAU land law to break EU rules governing the awarding of public contracts. Rafael Blasco, the head of the regional housing and territories council, announced on Wednesday that the new LUV land law would include all of the recommendations from Brussels and that the time frame for proposing amendments to it has been extended to October 18. Sr Blasco's announcement has been met with some scepticism with many people expecting the Valencia government to shrug off the petitions committee's findings and carry on as normal with the LRAU and its substitute law theLUV. Following the leaking of the document, the head of the Socialist Party inValencia, Jaun Ignasi Pla, reiterated that there would be no agreement between the socialists and the Partido Popular over the new LUV land law bill that is soon to be debated. He added that the decision was irrevocable. As Costa Blanca News went to press the newspaper received a copy of the changes which MEP Michael Cashman is proposing the Valencia government make to the new LUV law which will replace the notorious LRAU. Mr Cashman insisted that the document, which he hopes will serve as a preamble to the law, is currently only in draft form and will have to be reworded. MEPs will be studying the draft document this week. It states: This law shall be without prejudice to the rights and obligations arising out of national, European and international treaties and agreements. Where a 'plan' or 'urbanisation' is proposed it shall be published for one year during which submissions, objections and proposals may be made to the municipal authority or the 'protectate'. A protectate shall be a body made up of representatives of the local community, the construction industry, and a representative of the mayor's office. At the end of the one year period if over 50% of landowners object to the plan or urbanisation then it shall be deemed rejected. No further plan maybe submitted within 5 years from the date of rejection unless the submission is from more than 50% of the landowners. When a plan or urbanisation is accepted then landowners shall become shareholders of the development company in proportion to the amount of land ceded to the development. Infrastructure costs of the plan or urbanisation shall be subject to shareholder scrutiny and agreement. Where a landowner objects to the development or is unable to pay infrastructure costs he shall be compensated in the following way: He shall receive a percentage of the development project in proportion to the land ceded He shall be paid the market rate for "urbanized" land which he has to cede. Consolidated houses shall not be a part of any development unless agreed inadvance by the owner. Furthermore they shall not be expected to cede land norcontribute to any infrastructure costs unless prior agreement is give. There must be objective criteria for the "UTILIDAD PUBLICA". A compensation package shall be constructed which shall accrue contributions pre tax from any current or ongoing development. All participants in the developments shall be required to contribute. A special panel to assess claims of those past victims of abuse of the LRAU shall be constituted. It shall consist of representatives of the construction industry, the developers, local and regional politicians and representatives of the "victims". Any monies accrued within the compensation fund which remain unspent within three years of the completion of a development may be givento the municipality for the benefit of the local community. tomcain@costablancanews.com
Leaked document not tough enough
By Tom Cain
Charles Svoboda, the president of Abusos Urbanísticos No (AUN), has said the eagerly awaited report into land grab abuses in the Valencia region preparedby EU commissioner Janelly Fourtou does not go far enough in its condemnation of the contencious LRAU land law. Mr Svoboda said that although the document has some tough language in it, rather than being a hard-hitting report into the thousands of cases of landgrab abuses, the document appears to be more of a proposed resolution. He was particularly concerned over the fact that the findings of the visit were meant to be kept secret until they were presented to the petitions committee, yet by as early as Wednesday last week they were leaked to the press and were available, in French, on the EU parliament's website.
BRUSSELS TO TAKE ACTION
The European Commission has stated that while it applauds the Valencia government for introducing a new land law, it does not consider the LUV to be sufficiently robust and it needs more work on it in order to comply fully with EU regulations. The commission repeated that it sent a letter to the Spanish government several months ago informing it that legal proceedings have been started over the way procurement contracts for certain development projects have been awarded by some councils in the Valencia Region using the LRAU land law to break EU rules governing the awarding of public contracts. Rafael Blasco, the head of the regional housing and territories council, announced on Wednesday that the new LUV land law would include all of the recommendations from Brussels and that the time frame for proposing amendments to it has been extended to October 18. Sr Blasco's announcement has been met with some scepticism with many people expecting the Valencia government to shrug off the petitions committee's findings and carry on as normal with the LRAU and its substitute law theLUV. Following the leaking of the document, the head of the Socialist Party inValencia, Jaun Ignasi Pla, reiterated that there would be no agreement between the socialists and the Partido Popular over the new LUV land law bill that is soon to be debated. He added that the decision was irrevocable. As Costa Blanca News went to press the newspaper received a copy of the changes which MEP Michael Cashman is proposing the Valencia government make to the new LUV law which will replace the notorious LRAU. Mr Cashman insisted that the document, which he hopes will serve as a preamble to the law, is currently only in draft form and will have to be reworded. MEPs will be studying the draft document this week. It states: This law shall be without prejudice to the rights and obligations arising out of national, European and international treaties and agreements. Where a 'plan' or 'urbanisation' is proposed it shall be published for one year during which submissions, objections and proposals may be made to the municipal authority or the 'protectate'. A protectate shall be a body made up of representatives of the local community, the construction industry, and a representative of the mayor's office. At the end of the one year period if over 50% of landowners object to the plan or urbanisation then it shall be deemed rejected. No further plan maybe submitted within 5 years from the date of rejection unless the submission is from more than 50% of the landowners. When a plan or urbanisation is accepted then landowners shall become shareholders of the development company in proportion to the amount of land ceded to the development. Infrastructure costs of the plan or urbanisation shall be subject to shareholder scrutiny and agreement. Where a landowner objects to the development or is unable to pay infrastructure costs he shall be compensated in the following way: He shall receive a percentage of the development project in proportion to the land ceded He shall be paid the market rate for "urbanized" land which he has to cede. Consolidated houses shall not be a part of any development unless agreed inadvance by the owner. Furthermore they shall not be expected to cede land norcontribute to any infrastructure costs unless prior agreement is give. There must be objective criteria for the "UTILIDAD PUBLICA". A compensation package shall be constructed which shall accrue contributions pre tax from any current or ongoing development. All participants in the developments shall be required to contribute. A special panel to assess claims of those past victims of abuse of the LRAU shall be constituted. It shall consist of representatives of the construction industry, the developers, local and regional politicians and representatives of the "victims". Any monies accrued within the compensation fund which remain unspent within three years of the completion of a development may be givento the municipality for the benefit of the local community. tomcain@costablancanews.com
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