Prescription of the right of the Administration to liquidate the amount to be reimbursed by reserve owners in agricultural transformation zones and the complaint of the Administration inactivity.

Study of the judgment of June 10, 2020, appeal no. 587/2018 of the Superior Court of Justice of Andalusia

Abstract

Settlements issued to private owners who are beneficiaries of the transformation into an irrigated area, in order to obtain reimbursement of the reimbursable part of the transformation costs, do not prescribe due to delays in the issuance of the index compliance declaration: the complaint of administrative inactivity to produce that effect should be added. The expiration of the procedures initiated ex officio operates only in those that entail the exercise of sanctioning powers or that are likely to produce unfavorable effects. An individualized statement of the costs passed on is not required. Different actions are not contrary to the principle of fairness when the difference has a reasonable and accredited justification