Public domain management
Introduction
The public domain assets, in Spanish law (also called demanial assets or, together, demanio), are those of public ownership, affected by general use") or public service, and those expressly declared by the Constitution (art. 132.2 C.E. the maritime-terrestrial zone"), the beaches, the territorial sea and the natural resources of the economic zone and the continental shelf) or a law, as well as always the properties that host services, or dependencies of the constitutional bodies") or of the public administration of Spain.
The legal regime of these assets is inspired by the principles of the so-called three demanial notes:
These three notes disappear with the technique of disaffection, by which an asset in the public domain due to affectation") ceases to be a public asset and becomes a patrimonial asset (which, even though it is publicly owned, is governed by the Law on the Assets of Public Administrations[1] and, additionally, by private law, and may be alienable, seizable, etc.).
The assets available to the administrations, as well as their personal or other means, serve to satisfy the public purposes assigned to them. Its importance determines that the Spanish Constitution dedicates a provision to them, article 132,[2] which refers to both public domain assets and State patrimonial assets. In addition, it adds the categories of communal property and National Heritage.
The use of the public domain
Contenido
Los artículos 75 del Reglamento de Bienes de las Entidades Locales (RBEL) y 85 de la Ley de Patrimonio de las Administraciones Públicas (LPAP) describen los usos posibles de los bienes del dominio público por los particulares:.
General common use
Collective use, or common use, is that which takes place by the general public and, therefore, indiscriminately, anonymously, without the need for any title. It is what can be exercised by any administrator, without requiring special qualification.
Public use is based, in principle, on a factual budget: certain goods are susceptible to that characteristic use carried out by the community as a whole, through the indiscriminate use of its members, to the extent that each one needs it. This requirement constitutes in some cases a consequence of the way of being of the property itself: the coastal sea, the atmosphere. In others, it is the product of the necessary works to transform physical reality, as occurs in the case of highways or urban roads. But, in any case, the good in question covers a common need, a need felt by all members of the community.