| In the UK
case it deplores the French influence and requires a privileged position
and so is quite content to have a silent, voter, invasion of other EEU
countries while it sits on the sidelines, partly committed.
In other cases
the country is simply resistant under its layers of EEU formal robes. France
for example was to be fully sewered by 2000 conditional in its EEU entry
commitments but the house I bought in 1999 had a "mincerateur" then
and still has one! The local sewage hasn't made it that extra 2Kms!.
Those above
are some of the wheels within wheels affecting concepts like land grabs.
These
matters are not unrepresented by events abroad which can show the way to
deal with things. It was in living memory that Australian Governments were
required not just to compensate but to JUSTLY compensate people for land,
but it took a lot of effort to have this done in the wonderful land of
equality!... OZ... The usual concept is that the equivalent of the crown,
the local state controller holds ultimate rights to the land, or it may
be the emperor or despot.
To shift that
entity into making a lesser profit through providing compensation is a
well resisted exercise. You are facing it now. There are points not clearly
enunciated in the article which do need to be not just "realised"
but enunciated. One has to discover first who has the ultimate right to
the land and work on them. There is no point in spending resources fighting
a mayor who is only rezoning if the ultimate target is elsewhere. Taking
land without justification or at worst, adequate compensation, is an undeniable
breach of human rights and perhaps of the theory of freehold land ownership
but,... hey what human rights existed in Spain in 1938... or even later?
Is land ownership
in Spain truly freehold?... an important point.
Are land acquisition
regulations for emergency purposes being misused in peacetime? An example
is the Commonwealth bank in Australia resuming property on the basis of
being "insulated because of its" commonwealth "status"...
something my poor and desperate but extremely intelligent father realised
was a load of "old cods" and won a case of eviction through it.
It is essential
to learn the points of "limpeting" of land law in any environment,
whether regulations are misused, inappropriate or non existent and to attack
them. Sometimes public demonstrations and lobbying locals to see your point
of view, build bridges , is a big step forward. "Winning the hearts
and minds" is something not only a developer's domain...but the locals
getting seemingly free benefits merely through disadvantaging the rich
immigrant needs quite a powerful moral argument to overcome and one means
is by a simultaneous disadvantaging of some locals as well... enough
disadvantage that the perverse "this would never have happened to me
if they had not come here" cannot actually end up working against you.
At the end of the day being popular additions to the community will be
your greatest advantage. Even "third world" cultures understand loyalty
and fair play.
In our self
preening, introspective "Anglo Saxon" way we make films about the
paysan thrust into power that becomes despotic and now as you can see,
it is no laughing matter.
Taking land
for "open space" or "public use" doesn't mean it should not
be compensated. developers on a larger scale can build that into their
net costs and pass it on in one form or another. Smaller holders do not
have that degree of communication and negotiation where the establishment
will overlook one thing if suitable excuse can be manufactured "we
are giving you a park".
As a young
man I was told by the local council in Australia I would have to donate
land as a park ...I said "my place is surrounded by a thousand square
miles of open space, bush land and parks ...go to blazes" and since
then the blackmail of being compelled adding valuable land to the local
register so as to be allowed to develop one's land is not so rigid.
On the other
hand when large scale developers make places for thousand to come to a
small plot of land by vertical "strata" then I agree wholeheartedly
that they must provide a great deal of recreational facility which does
not encumber the other locals.
I might add
that in my desperation of my wife leaving me and the children when I was
26 I felt I had to sell out and move back to Sydney where "Mum"
was. I later found that the local estate agent acting for me both lied
to me on several aspects of its value and had his sister making low offers
as "no one else seemed interested" in this magnificent acreage.
He secretly formed a company with a developer and bought my land
for very little and then subdivided it (without public space)and
thus made a great deal of money... over $100,000 profits in an era when
that was today's $1 million. Today that land developed is worth about $3M.
It later drove
me to become an expert in property matters... in my country. I then had
to become expert in France through bad experiences through corrupt
agents, predominantly English, and corrupt Notaries in France and
now I see Spain is a problem... and the causes are from the same root.
One has to
question, if my land is being acquired against my will or worse "resumed
without appropriate compensation including moving costs" then what
are my undeniable rights, before the song and dance act starts. I see in
your interesting article that the "moving costs" very conveniently
bypassed by allowing you to keep some of the land!... land which is probably
worth much less owing to the monstrosity built alongside it and the restrictions
of development post development of the major part of the site. Perhaps
one has to look at the right to demand total acquisition when acquisition
occurs and to be at a rate which reflects the value of the land as development
land.
If I am the
victim of compulsory acquisition or resumption of my land should I be compelled
to have any of that referred to as "public utility" in the assessment,
I am after all, not a voluntary developer.
If an authority
resumes my land for some purpose, demand that IT provide the open space
from its own resources. Unfortunately because people are antagonistic towards
unwanted immigration it seems perversely "just" to them that these
rich immigrants lose something back to the general good.
If it appears
that land belonging to absentee proprietors is significant in degree of
resumption this might well be a very compelling point in the court even
though it will be claimed, with some perverse reality, that these people
are rarely here so the impact is minimised.
That has to
be counteracted with the essential theory of freehold ownership and the
basis that just owning the land is a daily pleasure, a it would be, though
perhaps a little less, or perhaps a little more, than were the person there
on the land.
There is quite
a distance between having the right to resume or compulsorily acquire land
and using those powers and quite a distance perhaps between the latter
and using them properly. People denied their rights are still people who
are a part of "the common good" in whose name such actions occur.
So,
putting all that together we have human forces at work. If the top regional
bureaucracy is acting against the natural human rights then those rights
must be contested and where possible, on advice, that person advised
that redress will be taken personally against him or her to achieve compensation.
Only damages
against the party personally will affect them otherwise at worst they "take
responsibility" (which means admitting guilt but nothing happens)and
resign thus insulating themselves and enjoying the profits... sometimes
on going and perhaps joining the development company as a lobbyist. To
know your arsenal you need to know what personal responsibility is associated
with public positions and what redress in law you can make against them
for compensation for their decisions and under what circumstances.
Another
method, slower but sometimes quite effective as long as the locals
see benefits , is to stand as a body against the mayor and his associates
in local elections on the platform but equally knowing what other things
affect people and having plans to keep them happy elsewhere as well. After
all, developers and real property agents are often found in local councils!
Another method
is to have the bureaucracy legally examined publicly as recently took place
here at the Gold Coast in Queensland, albeit very averagely done in my
view... and that was over development bribes etc!!
You have tried
this public scrutiny through a more distant form in which you hoped power
would be exerted only to find that you were disappointed as the system
is geared to NOT change and the EEU only has power where it has bureaucratic
enthusiasm from the local scene and some real power to swiftly enforce
its will or at least to hold up development until a resolution. The developer's
hip pocket is where his ethics and morality are kept and what is tough
for them to swallow will impact on the largesse offered to the bureaucracy.
I can write
on but have things to do. Its 2am and I am tired and finding it difficult
to organise my thoughts. If anyone is interested perhaps we can examine
together the land system in Spain. In the meantime get individuals to lobby
the EEU as well as groups. |