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| CARLOS SANZ |
EL PAIS - RAFAEL MENDEZ - Madrid - 30/08/2010
The Environment Ministry has just sent to the Official State Bulletin of the coastal boundary of the National Park of Doñana, Huelva. Usually in this process is declared as the only public beach area and it is a small line on a map. But in this case Environment has opted for a more protectionist: the boundary states as maritime-terrestrial public domain about 9,200 hectares of National Park and goes up to 4.8 miles inland to view the whole line of dunes is a only necessary to maintain the beach. The procedure leaves no powers to the Junta de Andalucía in this age, that expropriation without compensation.
Environment continues its task of delimiting the 10,157 miles of English coastline, a procedure under the Coastal Act of 1988. At the end of 2009, and was complete 89.3% of the coast. Defined as the percentage is around 95% after the momentum of the last two years.
province of Huelva was going further back, with 74% marked off its coast. Lacked one of the most contentious boundaries: the 36.8 km Doñana National Park, from Matalascañas to the mouth of the Guadalquivir, opposite Sanlúcar de Barrameda. Espinosa
chose the path of protectionism before the division in his department
The law gives a very broad definition for the maritime-terrestrial public domain. There is no distance, but is based on geological criteria. Thus, it includes "the limit to where the waves reach the greatest known temporary," the marshes, ponds, marshes, estuaries and, in general, the lowlands that are flooded "by the tides or the beaches or storage areas loose material. " Such definitions
goes all along the coast of Doñana dunes of 32.5 meters. "The beach is picking up the sand brought by the sea and the wind that ended 6,000 years ago the Guadalquivir estuary," says technical report prepared by the Tragsatec public company and has been adopted without a "substantial changes", according to sources familiar with the process.
The report "notes the public domain character of the entire sandy arm, which includes the beach and the different chains of dunes to reach the marsh." The dunes come to engulf whole trees to move pushed by the wind.
Costas has yet to determine who the marshes of the interior of the place, so eventually include much of the park in the public domain.
The processing of the order was very controversial. La Junta de Andalucía, which manages the national park thanks to a ruling by the Constitutional opposed. But it also was against National Parks, the ministry itself, which considered only the first line of dunes was to be expropriated. Initially both departments requested a third opinion, the professor of Granada Miguel Angel Losada, who bowed Costs for believing that "the sandy arm its shores seaward side and the estuary, tidal channels and lagoons , rivers and streams are interlinked and inseparable form a physical system. " Parks then distanced himself from this view and insisted on delaying the demarcation.
The issue came even to La Moncloa, because the proposed boundary in the public domain includes the Palace of The Marismillas, Heritage of the State in which Zapatero spent her summer holidays in previous years.
The few owners who are unable to exploit their land
Given the division in the department, decided the Environment Minister, Elena Espinosa, who felt the statement was public domain the best way to protect the natural environment. So, chose to extend all possible public domain. The result is one of the largest ever conducted boundaries since the law was passed, over 20 years, only comparable to one in Spain. The director general de Costas, Alicia Paz, signed the boundary a few days ago and soon will be published in the Official Gazette and will be official. Given this declaration the application, but Environment wins 89% of litigation in the High Court.
public domain declaration is a "very unique form of expropriation", as defined by the Constitutional Court in 1991, the sentence in which endorsed most of the standard. Land become the property of the state, but this does not pay money to the owners. The compensation is a concession for 30 or 60 years to maintain existing business there. But they can not sell ground or building. If land has no use, as in much of the stretch of sand-passed directly to the State since there is no possibility of requesting a grant.
Although some land was already public in the park are private owners. Among the owners is the Moreno family, former owner of the Palace of Marismillas. These lawsuits and in 2003 the Supreme Court gave them the right to be expropriated in the park "in view of the impossibility of their farm activities," according to the BOE. Guillermo Moreno, one of the owners, is the husband of Ana Patricia Botin, chairman of Banesto.
declared area becomes public domain and untouchable, and any action requires the permission of Costas. Matalascañas City Council has begun to claim an off-road route through the beach town with a Sanlucar de Barrameda to not surround the entire park. Now the adoption will depend on Costas, conservation and more reluctant to authorize activities on the sand.
EL PAIS http://www.elpais.com/articulo/sociedad/Medio/Ambiente/expropia/protege/9200/hectareas/costa/Donana/elpepusoc/20100830elpepisoc_2/Tes
