The Basque Government has approved the urgent land occupati…

The Basque Government has approved Decree 154/2026, dated September 22, recognizing the urgent occupation in favor of the Vitoria-Gasteiz City Council for the compulsory expropriation of assets and rights necessary to carry out the works of the IV phase of the Zadorra river flood defense project – Crispijana-Gobeo WWTP. The decision was proposed by the Minister of Housing and Urban Agenda and approved by the Governing Council at its meeting on September 22. The decree was published in issue number 191 of the Official Gazette of the Basque Country on October 6, 2026, with official reference 2026/4128.

The text states that the execution of the project is irreversible in order to solve the flood problems caused by the Zadorra in the northwest of Vitoria-Gasteiz. The affected area extends from the urban area of Astegieta to the Crispijana neighborhood, and therefore it is considered urgent to guarantee the availability of assets and rights in that territory.

File progress and public information

After the Vitoria-Gasteiz City Council processed and formally approved the project file, it indicated that the availability of all lands was necessary. On March 6, 2026, the Local Government Board decided to initiate the compulsory expropriation file and make the list of affected assets and rights public for a period of one month. Notice of the call was given through several means:

In the Official Gazette of Álava (BOTHA), issue 32, on March 16, 2026.
On the Notice Board of the Vitoria-Gasteiz City Council, from March 16 to April 10, 2026.
In the Álava edition of the El Correo newspaper, on March 17, 2026.
In the Diario de Noticias de Álava newspaper, on March 17, 2026.

Subsequently, in a meeting held on May 15, 2026, the Council requested the Basque Government to recognize the urgent occupation of the project’s assets and rights, for the effects provided for in Article 52 of the Compulsory Expropriation Law.

Legal basis and competence

The decree cites Article 26.1.f) of the Law of Territorial Planning of the Basque Country (Law 4/1990, of May 31): it is the competence of the Basque Government to recognize the urgency of occupation resulting from expropriation applied to entire execution units, general systems of urban territorial planning, or isolated activities carried out in an urban area. The competent Minister submits the proposal to the Governing Council, according to Article 26.2 of the same law.

Affected assets and area

The declaration of urgent occupation is limited to the assets and rights specified and distributed in the list included in the file, with the data necessary for proper identification. This list is contained in the project file and was not published together with the decree. The official description of the area mentions the stretch between Astegieta and Crispijana, in the northwest of Vitoria-Gasteiz.

Appeals and deadlines

According to the final provision of the decree, the administrative route is exhausted and there are two paths:

Appeal for reconsideration before the Governing Council, within a period of one month.
Contentious-administrative appeal before the Administrative Chamber of the High Court of Justice of the Basque Autonomous Community, within a period of two months, starting from the day following the final publication.

The decree was signed in Vitoria-Gasteiz, on September 22, 2026. It was signed by President Imanol Pradales Gil and the Minister of Housing and Urban Agenda Denis Itxaso González.

Impact on residents

The measures directly affect the residents of the area between Astegieta and Krispijana, as well as landowners and title holders. Urgent occupation accelerates the expropriation procedure: the administration may take possession of the land to begin works even before the amount of compensation is determined. This speeds up the execution of the project, but shifts the protection of owners and the calculation of compensation to subsequent proceedings.

Fuente: Boletín Oficial del País Vasco, issue 191, October 6, 2026, Otras Disposiciones (official reference: 2026/4128).