Right to compensation for singular links due to urban or cultural cataloging of a property

Abstract

The issue of singular urban links due to property cataloging is regulated in article 48b of the TRLS. The chosen topic is due to the important consequences that for the administrations a property can have cataloged. Thus, I also want to delve deeper into a topic that I had to touch on more tangentially in my doctoral thesis entitled Los catálogos urbanísticos como instrumentos municipales de protección del patrimonio. Especial referencia a Cataluña, although I found it to be a sufficiently complex and interesting topic to deserve a more indepth study that could even serve in the future as a source of consultation for town halls and individuals who might find themselves in these situations due to property cataloging. I have focused on studying the jurisprudence, the legal basis of singular links, the requirements of singular links, whether there is an obligation to catalogue or not if there is an assumption of singular links, the moment when this right to compensation acctues in favor of the owner, which administrations have the duty to compensate or who has the burden of proving that there is an impossibility of equidistribution of burdens that the duty to compensate entails.