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

Portuguese State threatening to repossess Private homes on Portuguese coasts in contravention of European Laws

I am a British Citizen, an EU Citizen a Private home owner in Portugal a European Union Member State.

I own a home within 50 metres of the sea in Portugal.

The Portuguese Government authorities are asking me and thousands of private homeowners to prove with documents under Portuguese Law 54/2005 (‘the law)’ that their home in Portugal within 50 metres of the sea has been privately owned for 150 years!

The sanction against private homeowners if they fail to prove by 1^st July 2014 with documents that their home has been privately owned for 150 years is transfer of the ownership of the home to the Portuguese State.

In other words if private homeowners fail to prove with documents under the law that their home in Portugal within 50 metres of the sea has been privately owned for 150 years they will no longer own their home and not be able to sell their home or transfer the property to family or anyone.

Clearly, the law is in breach of European laws that give rights to EU citizens/homeowners and protect them including:

1. Article 17 of the EU Charter of Fundamental Rights
2. The Principle of Legal Certainty in European Community (‘EC’) Law
3. EC Laws that prohibit Retroactive Laws breaching EU citizens/homeowners rights

Therefore, as an EU Citizen I have made a formal complaint to the European Commission to the European Commissioner Viviane Reding to take action immediately to stop the harassment of private homewoners in Portugal under the Portuguese Law 54/2005 by preventing the enforcement of this Portuguese law which will adversely affect thousands of EU citizens.

The writer of this article Paul Abbiati is a Private home owner in Portugal a European Union Member State and owns a home within 50 metres of the sea in Portugal. Paul is also a Fellow of the European Law Institute

To contact Paul please message him through this blog by leaving a comment