Asturias results in the Supreme Court a lawsuit with lindes with lion that lasts greater than two centuries | Spain | EUROtoday

In the guts of the Biosphere Reserve of the Somiedo Natural Park, nearly 1,500 meters excessive, the one 90 residents of the Asturian city of Santa María del Puerto (exemplary city of Asturias in 2021) dispute for greater than two centuries with the Leonese city of Cabrillanes for using nearly seven hectares of grass. A litigation that can now attain the Supreme Court after the National Court has failed in favor of Leon pursuits. In its ruling, for which the Asturian council would lose that extent of territory, the Court dismissed the executive contentious enchantment introduced by each the City Council and the Autonomous Executive towards the choice to simply accept the demarcation that Cabrillanes defended, adopted by the Ministry of Territorial Policy in 2019.

The opinion endangers one thing greater than attachment to the earth. Because, though the pastures will stay of their present homeowners, if their jurisdiction stays in León, the affected Asturian farmers would lose some huge cash from European help. In Somiedo, farmers obtain nearly two million euros from the widespread agricultural coverage (PAC). The help akin to the Natural Park is simply over 94,000 euros, with a mean of a farmer of 805 euros, which represents nearly 5% (4.93%) of the overall PAC help they understand.

The starting of the battle

Everything begins with a doc dated September 13, 1785, when a demarcation was made that gave rise to a royal execution (closing sentence that’s deposited within the Royal Chancery Archive of Valladolid). The ruling, of 1788, ended a litigate lawsuit between the deputies and legal professional generals of the Council of Laciana (León), with José García de Atocha, basic legal professional and neighbor of Piedrafita de Babia (León). The disagreement needed to do with a number of phrases that divided the jurisdiction of the Babia Council and Piedrafita place, with that of Laciana and Villaseca.

In that demarcation a neighbor of El Puertu de Somiedo, named Ventura Feito, intervened with out the presence of the choose of the jurisdiction. Feito was one other neighbor of El Puertu with out authorized standing of any type. It wasn’t even Neighborhood of the place, that’s, the particular person answerable for guarding the city throughout the winter months when the neighbors cowboy from El Puertu trash the Bañas Brañas (councils of Belmonte and Salas). Nor in some other doc states that it’s the choose of the jurisdiction, due to this fact, it had no capability to make that authorized demarcation.

Ventura Feito has few information from the historic viewpoint. He seems reviewed in a 1743 doc when his father died and in one other of 1760 the place he consists of a neighbor. The following writings the place information of Ventura Feito seems are in a sale of a home of the 12 months 1780 and as a witness in a testomony of the 12 months 1787. In each it’s said that the person “does not sign because he does not know how to write.” The query is why this man went to a demarcation of jurisdictions during which the choose of the protect must be and the place that man was the competent authority. Was he confronted with the residents of El Puertu? Was it coerced? It was 1788 and it’s unattainable to understand how the neighbors labored and the way they might manipulate them.

The reality is that this lawsuit marked demarcations that give León the advantages that it might get hold of, for instance, when it comes to widespread agricultural coverage. There are nearly seven hectares of pastures between Asturias and León, land purchased in 1923 by José and Domingo Lorences Fernández. These neighbors of El Puertu purchased the brothers “Coalla de Grao, Asturias”, the Montes de l’Ordial, L’Arbeḷḷosa and La Veiga the window for a value of 1,000 pesetas. They subsequently bought them in notarial deed dated January 9, 1925 to 63 patrons and 11 neighboring verbal drivers cowboy of El Puertu by 2,220 pesetas.

Neighbors and governments

“The interpretation of the National Court seems very curious and particular. We are in the year 2025 with a demarcation of councils, provinces and autonomous communities based on a document of 1785 and 1788 in which a neighbor of El Puertu arrived without the presence of the competent somedan authorities where it is clearly seen that he was on his own. Not everyone had the same legal guarantees in 1788 and now in 2025 Somedana Nuria González Alonso, author of Socio -economic cartography of a high mountain town: Santa María del Puertu (Somiedo). “The descendants of our ancestors cowboy We will attempt to defend some mountains that at all times belonged to Somiedo and Asturias. ”

For Azucena Lorences, deputy mayor of Somiedo and neighbor of Santa María de El Puerto, the judgment of the listening to is meaningless: “If every time an old document appears in Spain, the easements must be modified, thousands of demarcations would have to be changed.” And the mayor of Somiedo, Belarmino Fernández (PSOE), do not forget that to switch the provincial limits an natural regulation within the Cortes have to be authorised.

For all these causes, the Asturias authorities will file a enchantment earlier than the Supreme Court towards the National Court Judgment. In the opinion of the Minister of Territorial Planning, Ovidio Zapico (IU), there are ample authorized foundations for the prospect course of to prosper, regardless of the problem of the process. “From the Government of Asturias we support the claim of the City of Somiedo and share, both the enthusiasm of its mayor in the defense of the territory and its interpretation of the judgment of the National Court, which we understand does not fit what the representative of Asturias wanted to express that 240 years ago did not want to sign the act of the Royal Executory The biosphere does not lose seven square kilometers of territory.

A reaction that has not been received with surprise at the City Council of Cabrillanes. Its mayor, Emilio Martínez Morán (Unión del Pueblo Leonés), described for this newspaper the appeal of the Principality as “a legal game.” After being satisfied by the National Court’s Judgment, the councilor said that the decision of the Asturias Government “is an ordago” and asks the director Zapico and the mayor of Somiedo to tell the truth to the farmers: “Both give them false expectations because the reason only has a path and those lands were historically of cabrillanes and the only thing we do is defend our interests. corresponding allegations to continue defending our territory. ”