This regional body has declared null and void the expropriation agreement that sought to move the service station located next to the Las Palmas cemetery to the Siete Palmas area, near the San Lázaro cemetery. The decision is based on the agreement not conforming to law, arguing that the land should have been ceded free of charge and that essential legal procedures were not followed.
The agreement, signed in March 2015 between the City Council and Disa, aimed to acquire the plot behind the Vegueta cemetery to open Eufemiano Jurado street towards Avenida Marítima. Subsequently, in 2017, the oil company was compensated with a plot in Siete Palmas, originally designated for sports use, which sparked a dispute with Pedruzcos Oil, who also intended to install a gas station in the area.
The Consultative Council's ruling emphasizes that the capital's City Council did not properly follow the phases of the expropriation process. The administration skipped the declaration of public utility and the need for occupation, approving the agreement before formally initiating the file, which left it without the legal coverage required by the Compulsory Expropriation Law.
The administration committed a "flagrant breach" of current legislation by using an urban planning agreement instead of an expropriation file.
This ruling, issued at the request of Mayor Carolina Darias to resolve the procedure, describes the use of an urban planning agreement instead of an expropriation file as a "flagrant breach" of current legislation.
