Petition to EU
Name of petition =Andalucian green corridors = citizens'
property rights abuse
The European Union is unwittingly funding and encouraging the stealing of land from legal landowners in Spain. We are experiencing a concerted effort by the regional government of Andalucia in southern Spain to bypass our property rights. We need your help urgently. We petition you on behalf of approximately 60 neighbours.
We are sure that the original intention of the European Union was not to encourage regional governments to deprive people of their legally purchased homes and land but this is what is happening in Andalucia in southern Spain.
The Regional Government of Andalucia (Junta de Andalucia) in southern Spain are stealing land from people using / abusing a law they passed in 1995 (Ley 3/1995) which gave them powers to expropriate land designated as a Via Pecuaria (ancient livestock route) ostensibly to create links from the coast and centres of population to the “Revermed” (Red Verde Mediterraneo- Mediterranean Green Network)
55.7% of the cost of this project is being funded by the European Union under a programme known as Interreg 111B at the rate of 2,400€ per kilometre. As there are approximately 30,000 kilometres of Vias Pecuarias in Andalucia this is obviously not going to be an isolated incident as there is a huge incentive at 2,400€ per kilometre for the Junta to continue to steal land from people who, although they have the necessary documentation to prove they are the legal owners of the land and property and they have paid taxes on that land in the past and continue to do so, are having their property rights abused. This has already occurred in other parts of the region and now they have started the process in Estepona in the province of Malaga.
A great number of people living further inland who are likely to be affected by this are unaware of what is going on.
Here in Malaga province, once the Environment Department (Delegacion de Medio Ambiente) of the Junta de Andalucia formally publish their intentions to expropriate land then people have only 30 days in which to travel to Malaga to view the plans then a further 20 days in which to submit objections. The process has already started.
On November 10th 2005 they announced on their website http://www.bopmalaga.org/ their intention to expropriate land from people whose property runs along a 1 kilometre length of the La Cala road in Estepona running inland from its junction with the Avenida Litoral. They state that this is the route of the Via Pecuaria de Jubrique but it is also the first part of the Via Pecuaria de Igualeja which directly affects us and the people we represent. If the Junta are allowed to proceed they will knock down walls and fences and pull up long established trees (not a very environmentally friendly thing to do) along the boundaries of properties which abut this road. They will then move the boundaries in onto the owners’ land and delineate the new boundary with green metal poles and knock down any structures, houses included which they deem to be on “their land” with no compensation paid to anyone. To add insult to injury people who have their electricity and water supply points in the affected boundary walls and fences have been told they will have to pay to have them moved.
They seem to be taking land in small sections so they do not have to deal with large numbers of people at any one time and can pick them off a few at a time.
The main objection we have is to the Junta de Andalucia’s insistence that the vias pecuarias, Vereda del camino de Igualeja and Vereda del camino de Jubrique MUST BE 20.89metres wide which will result in people having their property rights abused when on the Junta de Andalucia’s website they define the width as being UP TO 20metres. The Junta do not take into account the current physical reality of the situation which they are obliged to do by the legislation they have passed. On some parts of the route unless they construct bridges or tunnels it will be physically impossible for the track to be 20.89 metres wide if it follows its original route due to the topography of the land or having to cross existing main roads and motorways.
To insist on a width of 20.89 metres will result in people having land and property stolen from them with no compensation and 20.89 metres is excessive for recreational tourist use passing through an urban area.
It would appear that the Junta de Andalucia in their
eagerness to get their hands on (what could
potentially be 70,000,000€
of) E.U.funds are making a concerted attempt to bypass individual citizens’
property rights and are doing so based on a livestock route classification from
1967, whilst the legislation published by the same Junta de Andalucia, states
very clearly that it is the responsibility of the Junta de Andalucia to classify
the ancient livestock routes based on current physical reality (literal
translation) not that of almost 40 years ago.
The following link is to the Junta page regarding Vias Pecuarias
There are three stated
objectives for the vias pecuarias
1) Traditional farming use as a means of travelling from one area to another.
2) Tourism and recreational use with reference to “rural tourism”
3) Ecological use with reference to the potential of the “vias” as a link between protected areas and as a corridor along which fauna can travel.
Other stated things which have to be taken into consideration are:-
Existing livestock movements by farmers
The current physical reality (literal translation) of the vias pecuarias
The ecological benefit
The potential for public use
There are 3 classifications of vias pecuarias.
Cañadas - up to a maximum width of 75 metres
Cordeles - up to
a maximum width of 37.5 metres
Veredas - up to a maximum width of 20 metres ?? (size varies depending where you obtain the information)
Further information to support this petition will be despatched by courier.
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Click HERE to view latest
communication to EU (1 Dec 06