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A report prepared by Diego J. Vera Jurado, professor of administrative law at the University of Málaga (UMA), with the participation of professor Martín María Razquín Lizárraga, from the university of Navarra (UPNA) and Francisco Javier Vázquez Matilla, lawyer and collaborating professor at the UPNA, supports the possibility that Benalmádena town hall could carry out the expropriation of the Tivoli amusement park, currently owned by the company Tremon and closed to the public since 2020.
This report, carried out at the request of the town council itself in the previous term of office, when PSOE and IU were in power, includes among its conclusions that "the fact that a facility is private in nature does not prevent it from having a public function". In this sense, it assures that the Plan de Ordenación del Territorio de la Aglomeración Urbana de Málaga (POTAUM) "leaves perfectly designed and defined the social function and the public interest that the Tivoli park fulfils".
The same is true of Benalmádena's general urban development plan (PGOU), according to the professors. Therefore, "the first argument for expropriation is based on the clear breach of the social function of the property that occurs with the closure and continued paralysis of the activity of the amusement park", clearly stated the report consulted by SUR and registered in the town hall last April.
If this expropriation were to be carried out, which, according to the study, would have legal backing, the study also indicates the options that the consistory would have for the management of the park. It could opt for direct management "with its own staff, with the creation of autonomous bodies, public business entities or wholly public trading companies" or indirect management, "through service contracts, concessions or the formation of mixed-economy companies".
With this document on the table, the first deputy mayor, Presi Aguilera, insisted that the objective of the current government team (PP) is the reopening of the amusement park and although she assured that the UMA report "is going to be taken into account" and that in no case "its approach is ruled out", "for now expropriation is not our first option". Aguilera considered it more agile and viable to continue negotiating with the current owners, given that there are several investors interested in Tivoli. Along these lines, she said that a meeting with Tremon is scheduled for September, the results of which will be announced, especially to the former workers.
For his part, the secretary general of the PSOE in Benalmádena, Víctor Navas, pointed out that, "From the PSOE, and in the previous municipal government, we always defended the negotiation with the property to reach an agreement that would allow the opening of Tivoli. Only when we saw that the negotiation was unsuccessful, was the rescue of the park raised as an element of pressure." Navas pointed out that after more than a year of the PP's mandate "little is known about the future of the park". "The negotiations, as was always the case with Tremon, do not come to fruition and the rescue is forgotten in a drawer. So I doubt that we will ever see Tivoli open," he said.
Finally, the spokesman for the Izquierda Unida Podemos in Benalmádena, Pablo Centella, announced that in the next few days they will present an initiative for the town hall to initiate the expropriation dossier. "The most logical and quickest situation is for the private initiative to reopen the amusement park before the expropriation dossier progresses, but if this progresses and the cost is affordable for a council which has more than 100 million in cash, we should not rule out any of the possibilities that the report raises, including direct management by the council," he said.
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