The system of compensation for the hardship unique from the law of conservation of biodiversity

Abstract

The author aims at identifying under which situations public Administration is compelled to indemnify singular deprivations carried out in application of the Spanish regulatory regime of natural protected areas. To that purpose, starting from an analysis of the concerned regulation, case law and bibliography, as well as the disadvantages of the diverse positions, the research identifies as a typical case of liability the one characterized by the simultaneous concurrence of two requirements: that the administrative action affects uses and activities which are permitted over rural land and that it restricts the effective faculties and rights of their owners over the land. However an in-depth analysis of these requirements reflects the deficiencies of such typical case, which needs to be completed by means of a general clause of administrative responsibility in order to comprehend the remaining singular deprivations that may occur in natural protected areas within the situations of public liability.