Legal report from Benalmádena town hall states there is 'insufficient cause' to expropriate Tivoli amusement park

This is a conclusion contrary to the position of the University of Malaga, which last summer published a report in which it endorsed that the council could carry out this procure

Lorena Cádiz

Benalmádena

Friday, 22 November 2024, 17:07

A legal report from Benalmádena town hall has slammed the door shut on the possibility of expropriating the Tivoli amusement park which has been closed for four years. Specifically, the document, to which SUR has had access, considers that "the closure of the Tivoli park to the public does not constitute sufficient cause to initiate proceedings for its expropriation". It further clarifies that "the current urban planning file provides for expropriation in the event of a change in use or purpose, a circumstance which has not occurred to date". Therefore, it considers that "the closure of the facilities to the public cannot, for these purposes, be equated to a change in use or purpose".

This report, which is signed by the head of the Benalmádena town hall legal team, is the response to a request made by the municipal group Izquierda Unida, who last summer called on the local government to initiate the expropriation procedures, declaring its public utility and social interest. This request was made by the left-wing party following the publication of a report by the University of Málaga (UMA) which endorsed the possibility that the town hall could carry out the expropriation with legal backing.

Now the council has taken a position contrary to that of the professors who signed the UMA report, which was requested by Benalmádena itself when PSOE and IU were in government in the last term of office.

Despite the fact that four months ago the IU demanded the council, now governed by the PP with absolute majority, to start the expropriation file, it has not been until now that the response of the legal team has been made known. This has coincided with the ruling of the TSJA, which overturns the plenary agreement reached in 2023 when the PSOE was still in power, which protected the land so that only an amusement park could be built on it.

This court ruling therefore allows the plot on which Tivoli is located to be used for any type of commercial use.

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