Spanish court orders Iberdrola to demolish 60% of 500 MW operable PV plant-xmwintop.com

Spanish court orders Iberdrola to demolish 60% of 500 MW operable PV plant

June 21, 2022

Spain's Extremadura Regional High Court has ruled that Spain's largest operable PV plant - the 500 MW Nuñez de Balboa PV plant in Usagre, near Badajoz - occupies illegally expropriated land. The owner of the solar park - Spanish energy giant Iberdrola - must now dismantle 60% of the plant.

The owner of the property is Natura Manager, who owns 525 hectares of the 854 hectares occupied by the entire solar park.

The court said: "The ruling shows that the land cannot be expropriated because it has been leased for 25 years. The expropriation request does not justify deprivation of property rights.
The court also added that the company always had the statutory right to build the power station without expropriation of the land.

"Nevertheless, all of its actions depend on a willingness to initiate an expropriation procedure without justification," the court ruled, while also acknowledging the right to "restore the farm to a state without photovoltaic power plants (including all facilities)."

Iberdrola will appeal to the Spanish Supreme Court. The dispute is said to involve only one of the three owners of the project site.
The company said: “Approximately 50% of the land is owned by two tenants who made no claims throughout, and maintained and responded to the contracts signed by the three owners at the time. The expropriation process … legal procedures and respected everything. existing rights and guarantees.”
Iberdrola said the plant was built under valid, legal title and should not be demolished. "The plant has obtained all energy production licenses and will continue to operate as normal," the company said.