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APUCSM - APA about us
Effective since May 2008 owners of berths and real estate located alongside the canals in Santa Margarita (city of Rosas) are fighting against the government who wants to expropriate and to control the private possessions.
The Department for coastal affairs of the Ministry for environment in Madrid where first quoting the costal law ( Ley de costas) from 1988 and declared the canals and the river Grau state property. In addition, a 6m wide streak of land along the internal canals and a 20m wide streak along the riverbanks of the river Grau as public domain for services. This streak cuts right through the plots and houses.
Many Owners objected against the above quoting that they have legally bought through a notary and are recorded as owners in the land registry. They also claim that the canals of Santa Margarita are no part of the actual sea as it was created in an old lake and river delta. In addition the “Urbanization Canales Santa Margarita” was created on private land according to government approved plans which included the owners’ rights to create private berths and to have access to the sea via the canals.
In addition to the afore mentioned act the City of Rosas in their new building plan (POUM) claimed also ownership of the canals and the private berths. Here also the 6 m wide streak of land for public services is foreseen. The city of Rosas would like to transfer the administration of the canals to a commercial operated company. The city of Rosas refers to the “Catalan Port Law” from 1998 and the executive instructions of said law from 2005 and bases their claims on that.
Again a lot of people situated along the canals and affected by the ongoing activities objected against POUM. The city of Rosas also disregards all old ownership rights and has no right at all to draw new borderlines.
But that is not all. May 18. 2009 the Departament de Politica Teritorial I Obres Publiques of the Generalitat of Catalonia has announced a preliminary plan to legalize and to develop the Canals of Santa Margarita. According to this plan the private berths are to be expropriated and again a 6m wide streak installed for nautical services. With a huge sum of money (60 millions) the port entrance and the canals with the berths to be redeveloped. This task is planned to be delegated to a private concessionaire on a profit orientated base. The owners of berths have to cover the cost for the redevelopment of the canals and have to pay for their expropriated berths high user fees.
Again we had to object against that. All thus that have not objected, who thought it not necessary to file different objections have thereby, whether they wanted it or not, agreed to the plans. |
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Beginning with the protest against the “Ley de Costas” some owners have formed groups to consult together and to coordinate steps. This included submission of petitions to the European Parliament and to contact Members of the European Parliament. However until now every owner had to act on his own. A broad front across the many nationalities involved against the government plans to expropriate was not organized.
This has now changed, through the initiative of a few owners and the “Association of Vecinos und Proprietarios of Santa Margarita” the APUCSM was founded.
The APUCSM is part of the “Association Vecinos and Proprietarios of Santa Margarita” however operates independent. Preliminary meetings and the founding assembly received a lot of support. Many Owners have realized now that their Property and ownership are threatened and that we have to combine to defend against this which will be definitely more effective and cheaper versus doing it alone.
The APUCSM will defend the rights of the of owners situated directly alongside the Canals and to undertake the necessary and appropriate steps. The members understand the necessity to maintain the canals in good condition and to control an orderly usage. However we object against that the above is used to rob legal owners and to convert the canals to government- and community profit orientated enterprise.
The leadership of APUCSM works honorary, different nationalities are represented! The association is based on a democratic statutes according to Spanish Law. The deciding body for all important steps is the membership assembly.
Effective 1.09.2010 the APUCSM became with the new APA an independent organization.
We hereby call on all owners, located alongside the canals of “Santa Margarita” and others interested to join the Association, become a member, be active and support us. Only by sticking together and in great numbers can we protect our valuable property against such that want to take it away from us. |