The public ownership of wetlands:

The case of the La Janda lagoon

Abstract

In the second half of the 20th century, the largest wetland in Spain, the lagoon of La Janda (Cádiz), was drained, pursuant to a law that conferred special incentives to the drainage promoters such as ownership of the land. However, in the La Janda case this drainage did not succeed, and the Government reversed the grant of the property and announced its return to the public domain. Notwithstanding, the Government has not exercised its jurisdiction so as to regain its full property rights, even though the Supreme Court has ruled in its favor and the land has retained its wetland characteristics. This paper analyzes the legal history of this event and the authority of the State for the restoration of the lagoon.