The Second Section of the Contentious-Administrative Chamber of the Superior Court of Justice of the Canary Islands (TSJC) has rejected the claim of the owners of land where the soccer field of the Adolfo Topham school is located, who claimed 22.5 million euros from the Arrecife City Council for its expropriation. In contrast, the City Council will only have to pay 2.6 million euros, according to the fair price that was established at the time.
Specifically, for this plot of 10,374 square meters, the Canary Islands Valuation Commission (CVC) set a price of 244.83 euros per square meter, which amounted to 257.07 euros applying 5% as an affection premium, which makes a total of 2,666,844.17 euros. However, the companies Rosario Cabrera Tavío e Hijos, Fabrecar and Tamicar intended to receive 22,531,713.12 euros, which means a price of 2,171.9 euros per square meter.
"The average price of urban land in the province in 2011, according to Fomento, ranged between 253.2 and 286.9 euros, appreciating an abysmal difference with the valuation of the plaintiffs, which is eight times higher," the court highlights in a ruling dated January 21.
In addition, the ruling points out that "what is already unreal is to claim a square meter value of land that is well above or on par with the values provided in the area for the square meter built", which in the opinion of the TSJC "makes it very clear that a valuation has been made by a party with a clear speculative interest and far from reality." "And, it points out that "by pure logic, a square meter value built of new housing, which incorporates all general expenses", "can never be below the value of the square meter of surface unless it is to build a skyscraper, which is not the case."
In this regard, the court points out that "it is enough to analyze the prices of land for sale, to see how in general terms they range between 150 euros for the cheapest and 1,000 euros for the most expensive, these last being significantly very unique cases."
"Such excessive claims do not provide sufficient evidence of legal infringement, notorious error of fact or unfortunate appreciation of the elements taken into account by the CVC, whose valuation also better reflects the average reality of the transaction market and not the speculative one of sale prices," he concludes.
Therefore, the Second Section of the Contentious-Administrative Chamber of the Superior Court of Justice of the Canary Islands has dismissed an appeal by the property, siding with the arguments defended by the Arrecife City Council, which was represented by the lawyer José Enrique Gómez Rodríguez-Acuña. However, the ruling indicates that an appeal in cassation can be filed against it.
