Land is a key economic resource for any human activity.
On land and on the activities carried out on it, multiple demands meet with ever greater intensity. Such demands originate from environmental, land-use planning or urban planning regulations which condition, restrict or even prohibit the use of land or certain activities. Regulatory requirements do have economic implications by conditioning the value of anticipated investments or by reducing or even wiping out the value investments already made.
The intervention of public authorities via the regulation of land use and the activities carried out on it from an environmental protection, land use or urban planning perspective is the result of the exercise of various powers allocated to the central government, regional governments or local authorities. Such powers restrict private property on the basis of its social function, as recognised by the Constitution. In some instances, environmental regulation, land-use planning or urban planning introduce elements of economic planning based on political opportunity only (i.e. the balance between public and private initiatives in the economy).
Whatever its rationale, public intervention resulting from the exercise of such powers has obvious economic consequences. Additionally, it results in a constant rethinking of the legal status of private property, to the point of making it completely unrecognisable in its classical conception.
Protecting property against such constraints requires monitoring the legality and adequacy of regulatory requirements laid down in environmental, land-use planning and urban planning regulations. And, where appropriate, it also requires ensuring that appropriate redress is available to any individuals affected by such constraints.
Ramón y Cajal Abogados has a team of lawyers specialised in monitoring the legality of environmental, land-use planning and urban planning regulations with an impact on land ownership or the development of economic activities and their specific application. We are also specialists in safeguarding the economic interests of individuals whose economic rights are affected by these regulations. This work is conducted via administrative and court channels.
Our lawyers guide companies and individuals in their investment projects advising on how to select the most suitable solution in light of environmental, land use and urban planning regulations. Our lawyers also perform environmental audits focused on the detection of regulatory, reputational or economic risks in accordance with the ISO 14000 standard or the European EMAS Regulation.
Assisted by leading environmental and economic experts, we offer our clients comprehensive advice to challenge, where appropriate, environmental grounds and substantiate the amount of any available compensation.
Our Environment, Land Use and Urban Planning team has had its work endorsed by a large number of court rulings that have annulled plans and decisions containing serious limitations on the lawful economic interests of individuals and companies. The team has also been successful in securing substantial awards.
Our team also includes experts in Environmental Criminal Law and in the drafting of regulatory compliance plans.