Light and dark in the constitutionality of minoration of property right for breach of urban duties

Abstract

The Spanish land law enables the Autonomous Communities to reduce the right of property in case of expropriation, forced sale or replacement for breach of duties set forth in urban planning regulations. Among others, this possibility has been materialized at the Valencian Community. This paper proposes its possible unconstitutionality, both from the point of view of the Constitutional distribution of powers and the content of the right of property itself.