The Superior Court of Justice of the Balearic Islands (TSJIB) has dismissed the appeal that a real estate company presented in 2021 against the expropriation for social rental of four properties it owned in Ibiza.
The Administrative Litigation Chamber agrees with the Government chaired by Francina Armengol and which ordered the mandatory transfer of these four properties following a figure contemplated in the 2018 housing law for apartments that were unoccupied for more than two years and that belong to large forks.
The TSJIB bases its decision, among other arguments, on the fact that it is proven that the Administration has acted to alleviate the lack of access to housing without achieving the desired objectives, which is why the incorporation of more alternatives is required, according to what is stated in the sentence, advanced by ‘Mallorca Diary‘.
The Chamber focuses especially on the number of housing requests that the Balearic Housing Institute (Ibavi) is unable to attend to, with special mention to the case of Santa Eulària, where the expropriated properties are located.
The Court insists that the existence of the problem of access to housing that leads the Administration to promote the transfer figure “is not a mere conjecture”, but is supported by multiple objective data. “That situation, far from being close to being resolved, is becoming more aggravated every day,” the text says.
“It seems difficult to deny that access to decent and affordable housing is one of the main problems faced by a large sector of the Balearic population. But, in addition, these data show a trend of worsening of the situation, hence the decision to implement reaction measures such as the one contemplated by Law 5/2018 can be considered justified,” he continues.
The TSJIB, in short, believes the real existence of an extraordinary situation serves to sufficiently explain the relevance of the decision adopted.
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