Subsidiary liability of the expropriating authority in case of payment default of fair expropriating prices on the part of concessionaries exploiting road concessions – the Spanish Case

Abstract

The severe economic crisis that Spain has suffered in the last ten years has led public authorities to use foreign financing to develop major infrastructure, mainly in the field of land transport. The acquisition of the land required by compulsory purchase and the poor economic performance of business holdings that would have allowed the repayment of investments have generated a new jurisprudence that, protecting the guarantee compensation for the expropriated, obliges the public authorities to pay the indemnity of those forced expropriations.