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Expropriation of the flight of a building.
Our legal system authorizes the municipalities to proceed to theexpropriationof the real estate of individuals when it is necessary for the execution of interior reform plans of the cities, and that said power can be extended in the manner and manner established in article 144 of the Local Government Law, no less so , that when the Local Corporations do not make use of this last right and limit their expropriatory action to what is purely essential for the execution of the urban planning work, only to what is necessary for the same occupation, the expropriation may be extended.expropriation,pursuant to article 15 of the Law onExpropriationForced on December 16, 1954; A different question is the one related to the damage that the limits imposed on the expropriation power can produce; the precepts contained in articles 23 and 46 of the aforementioned expropriation law tend to eliminate its effects or at least mitigate them; that is, if to whom as a consequence of aexpropriationpart of a farm, damages of such a nature are caused to it, that the conservation of the rest is uneconomical, it is empowered to urge the Administration theexpropriationtotal thereof; It is not obligatory for the Administration to attend to the expropriated party's request, but if it does not do so, it is obliged, in accordance with article 46 of the Law, to indemnify the damage that theexpropriationpartial causes.
It turns out that the Administration can never expropriate the flight of a building, that is, the building without the site, for urban reasons, and only the land and the flight necessary for the work to be carried out; that although there is compensation for the damages caused by theexpropriationpart of a farm,- this is only feasible when the legal conditions for it are given; and that, what is never admissible is the giving of the compensation letter.-