Threat of expropriation by the State to private properties next to water in Portugal continues

THREAT OF EXPROPRIATION BY THE STATE STILL HANGS OVER PROPERTIES NEXT TO WATER IN PORTUGAL IN 2016.

The settlement of Paul do Mar in Madeira is 300 years old. Most of the private legal properties have existed on land next to the sea for hundreds of years. The homeowners including foreign citizens British and Dutch have legal documents proving that they own the properties and pay taxes to the State.

BUT, the threat to ownership of private legal properties next to water from the law 54/2005 – DOMINIO PUBLICO MARITIMO does not end until the authorities give the correct documents that the owners are entitled to confirming that:

1. Av. Dos Pescadores Paulense, Rua do Cais etc in Paul do Mar… are Municipal Roads

and

2. That Paul do Mar is a “Consolidated Urban Area”

The authorities have not made 1 and 2 happen for 2 YEARS, so the EUROPEAN COMMISSION is still investigating what the Portuguese authorities are doing to its own citizens and other European citizens with properties next to water in Portugal in this case Paul do Mar, Madeira.

Members of the ASSOCIACAO DE PROPRIETARIOS PAULENSE have been working very hard since 2014 and complained to the European Commission about the BREACHES OF HUMAN RIGHTS and obstacles to the Freedom of Movement of Capital in the EU Single Market if  a Member State of the EU stops owners selling and transferring legal private properties next to water in an EU member state!

The European Commission will be writing to the Portuguese authorities again and so will the Associacao representing the legal private property owners next to water in Paul do Mar on this Portuguese National Law soon and its breaches of International and European Laws including Human Rights Laws to end the THREAT of expropriation by the State of their private legal properties.

 

Below is just one of the headlines of International press articles on ´the land grab´ published in 2014. T

EXPROPRIATING Legal private properties in Portugal owned by European Union Citizens does NOT create an INVESTMENT FRIENDLY ENVIRONMENT

Why Portugal should treat all foreign investors well and not expropriate their legal properties!

 

 

WHY PORTUGAL SHOULD TREAT ALL FOREIGN INVESTORS WELL PARTICULARLY EU CITIZENS AND Not LIKE CRIMINALS!

“Foreigners accounted for 90 percent of the 730 MILLION EUROS ……730 MILLION EUROS!!! invested in Portuguese real estate last year, almost three times more than in 2013! according to data compiled by Aguirre Newman SA, a real estate consulting company in Lisbon.

The Portuguese government expects economic growth to accelerate to 1.5 percent this year from an estimated 1 percent last year, bolstered by exports and investment.

That’s why Portugal should treat foreign investors well, said Paulo Silva, head of Aguirre Newman in Portugal.”

source: Bloomberg article:

http://www.bloomberg.com/news/articles/2015-03-03/chinese-rushing-to-buy-property-for-portugal-visas-get-burned

Evidence of foreign investors who have purchased legal properties next to the sea in coastal communities in Madeira not being treat well..indeed being treat like criminals! Watch this National TV report:

Creation of Associations to fight theft of legal homes next to water Portugal by the State

Creation of Association in Paul do Mar MADEIRA, Portugal to fight theft of legal privatel homes next to water Portugal by the State owned legally by

British Citizens

Dutch Citizens

Austrian Citizens

Portuguese Citizens

other EU Citizens

Expropriating legal properties next to water in Portugal is:

1.

a breach of international and European Human Rights Law. The Lisbon Treaty of the European Union is in force and therefore the situation that an EU Citizen cannot sell his legally acquired property is clearly an abuse of his legitimate right as an EU citizen to his legally acquired property (a fundamental right).

2.

a breach of the FREE MOVEMENT OF CAPITAL in the European Union because an EU Citizen who has purchased a property in another EU member state legally is having it expropriated from him with no compensation. This Portuguese Law is a national measure which breaches the Free Movement of Capital under EU Law.

 

 

Seminário “Gestão das margens das linhas de água nas explorações agrícolas” | 14 julho 2014

Programa 14 Julho, 2014

14:15 – Recepção dos participantes

14:30 – Abertura e moderação

Luís Mira, Secretário-Geral da CAP

14:35 – Funções e qualidade de ecossistemas ribeirinhos

Teresa Ferreira (ISA)

15:00 – Limpeza e manutenção de linhas de água

Helena Alves (ARH Tejo)

15:25 – Reconhecimento da propriedade privada sobre terrenos situados nas margens

Laudemira Ramos* (MAOTE)

15:40 – Debate

16:00 – MESA REDONDA “A multifuncionalidade das margens das linhas de água: Obrigações, Limitações e Apoios”

Manuela Matos (APA)

Pedro Teixeira (DGADR)

Paula Sarmento (ICNF)

Eduardo Diniz* (GPP)

17:00 – Debate

17:15 – Conclusões e Encerramento

João Machado, Presidente da CAP

Miguel de Castro Neto, Secretário de Estado do Ordenamento do Território e da Conservação da Natureza.

SUNDAY TIMES Article on expropriations of legal properties next to water in Portugal

FULL TEXT OF THE ARTICLE
Title: A storm is on the way

It’s not just Spain that’s looking to seize seaside homes — now Lisbon is in on the act

by Richard Torné Published: 18 May 2014

Portugal made the headlines for all the wrong reasons recently, after it emerged that hundreds of British expatriates could lose their homes thanks to a “land grab” law.

The main thrust of the legislation, dating from the 19th century but reintroduced in 2005, was that owners of waterfront properties needed to prove that the land on which their homes stood had been in private hands for the past 150 years — and they had until July 1 of this year to do so. If they could not, the state would seize their land, leading to the eventual confiscation of their homes.

Dubbed the “waterfront law”, it was meant to protect the landscape from the ravages of overdevelopment, not just along the coast, but on land 30 metres from lakes and rivers. But this was no consolation to thousands of property owners, who accused the government of effectively confiscating their holiday homes.

Earlier this month, however, following pressure from lobbyists, the Portuguese coalition government agreed to soften the most draconian aspects of the law. The majority of homes that were built before 1951, when licensing laws were introduced, are now exempt, as are properties in urban areas “consolidated with structures built before 1951” — in other words, old coastal villages. The July 1 deadline has also been scrapped.

Briton Paul Abbiati, who bought a £123,000 seafront house in Madeira in 2008, expressed relief at the concessions. “Our property was built before 1951, so we’re OK now, but it’s not the end of the story — our neighbours face expropriation,” he says.

It’s not yet clear what will happen to those who own waterfront properties built after 1951, and whether they will be threatened with expropriation. Under these conditions, it is unlikely that they will be able to sell their homes, either.

Manuela Netto Rocha, 78, who belongs to an association representing homeowners in Ericeira, on the coast north of Lisbon, says the amendment “is the best we can hope for now”. There are hints that the government may clarify the more ambiguous aspects of the law “in two or three years’ time”, but it will be for the courts to settle any future disputes.

Across the border in Spain, property owners are also suffering the fallout from the country’s notorious coastal law. The Ley de Costas was ostensibly drawn up in 1988 to protect the coastline, but it effectively nationalised the seashore — it allows the government to seize property, which could lead to the bulldozing of hundreds of thousands of expats’ homes.

The legislation also prevents owners from increasing the surface area or height of a seafront property. Yet in 2013, in the wake of widespread criticism and a damning EU report, concessions were introduced: structures are now permitted within 20 metres of the public coastal area, rather than the law’s original 100-metre minimum. but only “for certain urban areas” such as longstanding settlements and promenades.

One highly controversial aspect of the law is the rule expropriating private property built along the shore. This means the government can seize any private dwelling built on public land without paying compensation. In exchange, the homeowner is offered a lease of up to 75 years; owners of seafront structures with historical interest have until May 31 to apply for a lease or risk losing their property.

Sharp-eyed lawyers have pointed out that the Spanish government could, in reality, extend the lease for a far shorter period, from 5 to 10 years, then call time before the lease is up. Under such circumstances, it would be obliged to pay compensation, but only on a percentage of the lease’s remaining years — a fraction of the property’s true value.

Richard Torné is the editor of Costa Almeria News; canews.es

FT article on expropriations of legal properties next to water in Portugal

British expats in Portugal face losing their homes ARTICLE

Portugal ‘land grab’ laws: meet the families who could lose homes ARTICLE

Private Properties next to water built after 1951 still threatened with EXPROPRIATION

Under the latest proposals of April 2014 which are clear in documents but not approved yet..the Portuguese Government has moved the goalposts to 1951 when there was a major change to Property Law in Portugal.

This is the so-called watering down of the Law making some private properties next to water exempt. BUT If these proposals are passed by the Portuguese Parliament many private property owners next to water for example our friends/neighbours are still threatened with illegal expropriation on 1st July because they built their house legally on the land they inherited in 1973.

If the State changes the law before July so there is no deadline…the State can technically write to our friends/neighbours and expropriate basically when it suits them!

Our friends/neighbours built their house legally on the land they inherited in 1973. They have papers stamped by the land registry and notary and paid their taxes.  There is a public road funded with EU funds between their private property and the sea …a document from the Town Hall stating that the road is a public road would exempt them! Disturbingly, the Town Hall says that for some reason they have not classified the road! registered it as a public road but will do their best do this before 1st July. But, there are no guarantee for our friends/neighbours.