Landmark cases:
Ongoing
The firm has been spending the year working on important legal cases in the following areas:
- Comprehensive advice and management based on current planning, urban development of major land extensions in the eastern section (La Marsala in Madrid-Coslada), the northern section (Valgrande in Alcobendas, Sector A3 in Algete) and southern section (UZP 3.02 Verada del Salobral in Villaverde) in Madrid. The economic interest in this matter exceeds EUR 600 million.
- Study and processing of the division of urban properties in Torrelodones Zona Oeste in Madrid, submitting a request to change the plan to reduce the minimum plot size.
- Legal management of an administrative appeal against the expiry of the municipal permit for major renovation works to a building in the centre of Madrid, which was upheld by Madrid city council.
- Processing a change to a special plan for a car park in a major hotel establishment in Madrid.
- Legal advice in the administrative proceedings against Alaior town council (Menorca) relating to the cancellation of a land offsetting project and claiming freely assigned land and related matters in the Torre Solí Nou development in that town.
- Urban planning management to develop owners in the Planning Board of urban development area APR 2.5-02 “Carretera de Boadilla-Sur”, Pozuelo de Alarcón, Madrid.
- Request to revalue properties subject to compulsory purchase due to the works affected by project 17-AENA-92 “Aeropuerto Madrid Barajas”. Compulsory purchase of land to develop a new airport area. Phase one. Runway 01 L-19R and surrounding roads. Airside platform. Terminal building and access points.
- Legal management of judicial review appeals on compulsory purchase of lands to build a new high speed railway in the province of Almería.
- Legal management of judicial review appeals on the compulsory purchase of lands in the north of Madrid for EUR 10 million.
- Legal management of a judicial review appeal on the compulsory purchase of rural land that is the site of archaeological finds of the Noheda Roman villa (province of Cuenca) further to judgment of Chamber Three of the Supreme Court of 25 May 2020, which distinguishes between the compulsory purchase of land in which there has been an accidental archaeological find that is in the public domain ex lege, and claiming for financial rewards corresponding to the land owner and the party who made the discovery.
- Legal management of a judicial review appeal to recognise financial rewards for the party who discovered a renaissance portico attributed to Andrés de Vandelvira in Úbeda, where the reward had been recognised in first instance, and an appeal had been lodged by the authorities liable to pay the reward. It is currently awaiting a ruling by the Special Chamber of the Judicial Review Court of the Andalusia High Court of Justice.
- Legal management of the enforcement of a judgment of the Madrid High Court of Justice to return a plot in Valdelacasa de Alcobendas (Madrid), which was subject to compulsory purchase to create a university, but which was never completed.
- Legal management of a statutory compulsory purchase through administrative channels of the La Cova estate in Monsterrat (Valencia).
- Legal management of the statutory compulsory purchase through administrative channels of land in Algete (Madrid) in the Prado Norte development.
- Claim for the sum of EUR 30 million against the Consell Insular de Mallorca and Escorca town council for declaring a permit to build 100 homes in an urban area declassified to rural land in 2007 as illegal, which is currently pending a judgment from the Judicial Review Chamber of the Balearic Islands High Court of Justice.
- Comprehensive management in all stages of development, construction and sale of real estate developments in Madrid, the Balearic Islands and the Costa del Sol by a major Spanish builder and property developer.
- Legal management of a judicial review appeal before the Balearic Islands High Court of Justice to claim financial liability from the Balearic Islands authorities for changes to urban planning and for revoking a works permit in the Es Guix development in Escorca, Mallorca.
- Legal advice on architectural and construction contracts for a real estate development carried out jointly by a major Spanish builder and property developer and an international investment fund.
- Legal management of a claim for financial reward brought by the finder and owner of lands for an accidental archaeological find of the Noheda Roman villa (province of Cuenca) under judgment of the Third Chamber of the Supreme Court of 25 May 2020.
- Legal advice in claiming a fair price for the compulsory purchase of a Tartesian archaeological site in Turuñuelo (province of Badajoz).
- Collaboration in the legal defence of a cultural foundation against a claim for damages for cataloguing a work of art in an exhibit organised by the foundation.
- Legal advice on the taxation of a sale in Spain of a work of art by Velázquez that was declared an item of cultural interest.
- Legal advice in the incorporation and start up of a private cultural foundation in Spain subject to state guardianship.
- Secretarial services for the Board of Trustees of Instituto de Valencia de Don Juan.
Landmark cases:
Historical cases of note
The firm has specialised in compulsory purchases cases from its very beginnings.
It has been a leader in this area for more than 40 years, and has pioneered the method for defending the interests of its clients.
The firm has successfully defended the interests of a significant majority of owners of property and rights affected by some of the most important compulsory purchase campaigns of recent decades in the Madrid region, including Madrid Barajas Airport (phases 1, 2 and 3); the M-50 and R-2 highways; the Airport Access Road; and the First and Second Rings of the Canal de Isabell II Waterway.
It has also been involved in major projects in Cantabria (the S-30 highway), Catalunya (Barcelona Airport and the C-15 highway), Seville (airport reserves) and other regions including Castilla La Mancha and the Balearic Islands.
In total, since 1992, Serrano Alberca & Conde has offered legal advice to the owners of more than 15.5 million m2 of land affected by compulsory purchase campaigns, securing far higher prices than those offered by the public administrations in question, reaching 27, 35 or even 70 times the initial amount offered.
In the more than 40 years that the firm has been in business, it has achieved the following:
- More than 2,150 clients, 80% of whom have been with the firm for eight years or more.
- A success rate of 95% in managing projects with clients.
- 8,300 cases managed, and more than EUR 500 million in rewards for its clients.
- Advice for estates of more than EUR 500 million in base assets.
- Each year, an average of more than EUR 150 million in investments in the matters it manages.
- More than EUR 50 million obtained in savings for parties subject to tax audits following the compulsory purchases relating to the M-50 and R-2 highways and Barajas Airport.
- Management of donations and successions worth more than EUR 70 million.
