patrimonial responsibility of the state for administrative acts that limit private property law before the declaration of protected environmental area

Abstract

In the last 50 years, a series of movements have emerged aimed at effective legal protection of the environment. However, this power must respond to standards determined by the same law, respecting the rights of the individuals who inhabit these areas that have been declared as protected areas, and even more so in the events in which that individual, owner of private property It performs economic exploitation according to the law without altering the ecological conditions of the sector. It is at this point, where there are normative gaps, confrontation of interests, environmental and economic, in addition, that there is an obvious pathology of recent years in the Third Section of the Council of State, verifiable in large part of the jurisprudence that is said there, relating to the so-called positions found or mixtures, even within the same sub-sections of said Section of this Judicial Corporation, creating breaks in the principle of legal certainty, and also eliminating integral elements such as that of justice. It is necessary to carry out a critical study in which this specific case of the responsibility that may become for the State is verified by the ignorance of such principles through its administrative decisions in the matter, in the light of the elements that make up the alleged responsibility, in order to establish the existence of the duty of reparation and compensation at the expense of the State.