El Derecho de retasación urbanística y su aplicación jurisprudencial

Resum

In an increase of the land values, to claim an increase in his just compensation as it was determined. However, the Supreme Court has not granted such a right in diverse cases. The grounds of the decisions have been, essentially, the following three: art. 47.2 b) TRLSRU cannot be applied to situations that existed before the enactment of the Land Act 2007; art. 47.2 b) can only be applied when a systematic behavior of compulsory purchases has been verified; and third, no reaction by the administrative authority is constructed by the refered Court as a rejection of the reassessment application. According to the reversionary legal nature of the right to reassessment granted in art. 47.2 b) TRLSRU, we respectfully dissent in this paper both from the outcome reached by the courts and from the grounds of their decisions.