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Angeles Micol fears that "in the end will be all Murcia who, paying with their money, will have to fix the mess that the municipal officials have caused"

NOW MURCIA denounces "the disastrous management of the City of Murcia in the processing of the assignment of the land on which the tram installations are located, which led even to a judicial order of launch (eviction) last November, which finally Was paralyzed. "

Councilor Angeles Micol explains that a series of irregularities occurred in this process, in 2009, have caused that now "the Consistory will be forced to allocate new resources to make effective the recognition of the right to use that has on the farm, which Has already been awarded to Banco Sabadell. "

Faced with these facts Now, Murcia has requested information from the relevant councils on the state in which the judicial procedure is located by the City Council, as well as on the recognition of the building land of the company Citrovida SL (owner of the property ) In the sector ZP-Ch3-2, Churra, to know if the company retains this recognition to date or if it has been transmitted to a third party in order to identify the third party.

The mayor says that "in 2009, when Citrovida ceded the land, the municipal use of these, and when it tried to do so in November 2016, the Registry did not report the operation, so it could not take it finished".

On the other hand, "the Law establishes that the lands destined to public equipment included in an urban sector must be delivered to the City council free of charges, something that the City Council did not demand from the mercantile Citrovida."

The lack of registration of the municipal use of the land and the existence of burdens on these came to fruition on September 2, 2016, the date on which Banco Sabadell presented the execution of a mortgage loan against Citrovida, as it had submitted a competition of Creditors.

Micol recalls that the initial approval of the Partial Plan ZP-Ch3-2 was in the Governing Board of June 18, 2008, while the acceptance of the assignment of land use occurred in the Board of Governors of July 15 Of 2009. These two actions of the City of Murcia are dated after the formalization of the mortgage (in 2005), "which was perfectly known by the municipal authorities, as a simple note of the Property Register was attached in the file Said property in which it was clearly specified the existence of this charge ".

The councilor points out that "in the Murcia tram concession it was agreed that one of the commitments of the City Council with the concessionaire was the delivery of the land for facilities free of charges, however the Consistory recognized the buildability of the company in exchange for Use of a mortgaged land, delivering said land when the concession contract established that it would be free of charges.

For the mayor, "this means that the City was aware of the risk that existed and could lose that right to use in case of foreclosure, and that any construction that existed on those lands would also be affected, as the Effects of the mortgage on everything built on the estate ".

He also points out that "not realizing this risk implies a clear negligence in the management of the interests of the citizenry, it is indisputable that a mortgage existed and that the City knew it when accepting the assignment as a counterpart. With clear risk for public interests, the right of use of the City Council against third parties was not guaranteed by registering such use in the Property Registry. "

In view of this situation, "the City Council will be obliged to allocate new resources to make effective the recognition of the right of use that has on the property, which has already been awarded to Banco Sabadell, unless it can prove that such assignment of use was Known to the bank, a difficult thing, since in addition to not having registered that right in the Land Registry, neither has it been found to specify the circumstances and destination of that Ground of Equipment in the Report of Partial Plan ZP-Ch3-2 where The land is located ".

Micol affirms that "it is not only a conflict between the bank and the company that owns the land, because there is the concession company of the tram, which is the one that has the right to use those lands through a municipal award" .

The mayor of Now Murcia concludes that "if the Consistory finally fails to enforce recognition of the right to use the land, it will be all Murcia who, paying with their money, will have to fix the mess that municipal officials have Caused, between what would be the obligation to compensate for damages caused to the concessionaire of the tram, and the need to get a new location for the tram installations and carry them out.

Source: Ahora Murcia