The Contentious-Administrative Court recognized the rights of the entity Puerto Rico SA over the desalination plant
Justice has finally urged the Mogán City Council to recognize Puerto Rico SA the ownership and granting of segregation licenses for the Marine Water Desalination Station (EDAM) located in Puerto Rico and which the City Council assumed as its own in a municipal resolution dated February 6, 2020. This was first determined by the Contentious-Administrative Court Number 3 of Las Palmas and subsequently ratified by the same court, after hearing an appeal filed by the company in response to the refusal of the City Council of Mogán to recognize the ownership of EDAM in its administrative acts.
In the ruling, the judicial authority considers that the area in question was excluded from the receipt document of the Puerto Rico Urbanization issued on October 11, 2005, which indicates that “for the purposes that apply, that the The desalination plant building, the source of supply for the urbanization, as well as the necessary facilities for the collection and supply of said seawater plant and the conduction of desalinated water to the urbanization's regulatory tanks, is owned by Puerto Rico SA, which After receipt, it will continue to hold said patrimonial ownership.”
Likewise, in the expert report it is concluded that the territorial unit that the municipal report ensures does not exist and that the existing facilities and works in it are not even included in the Inventory of Municipal Assets. In this way, Justice agrees with the entity by understanding that the land of the desalination plant constitutes a physical reality removed from the voluntaristic sphere of the Administration and, therefore, declares null and void the administrative act by which the Consistory of Mogán assumed ownership of the space.
Following the ruling in favor of the company Puerto Rico SA, the Mogán City Council issued a resolution dated November 02, in which it finally granted a license to segregate the land occupied by the Desalination Plant (1.440 square meters) and the land occupied by the complementary facilities to the Desalination Plant (327 square meters) of Phase VII of the Puerto Rico Urbanization.