The lawyers and urban planners consulted by the SER are skeptical after the Canarian president, Ángel Víctor Torres, announced a decree law in which the requalification of the lands affected by the lava is proposed with a view to being able to “rebuild the houses.” In this sense, according to the experts, this measure does not have legal reserve and the legislative corpus such as the Law of the Land and Protected Natural Spaces of the Canary Islands would have to be modified.
According to the legislation, the lands affected by volcanic lavas, called malpaís, are considered protected natural spaces whose declaration will be made by decree of the Government of the Canary Islands, after public information and hearing of the affected municipalities and with a prior report from the insular patronage of protected natural spaces. . At this point, the disqualification of the land is prohibited, as is the case for example with protected natural spaces that have been devastated by forest fires. The law does contemplate the expropriation of the affected lots. The dean of the College of Architects of Santa Cruz de Tenerife and editor of the General Plan of El Paso (PGO), Argeo Semán, attributes to the “passion” for finding a solution there is talk of land reclassification because, with urban planning technique and Soil Law in hand, it is difficult to reclassify the soil in general, so I understand that they will have to look for some exceptions so that in certain constructions they can be implanted again on rustic land “.
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