The divestment of the Torretxoko passage has been approved and the owners have been called to collect the deeds

María Dolores de Juan de Miguel, Director of Transport Infrastructure of the Department of Sustainable Mobility of the Basque Government, has approved, via the resolution of September 10, the list of assets and rights resulting from the project to eliminate the Torretxo crossing, and has summoned the owners to sign the acts. The resolution was published in the Boletín Oficial de Bizkaia official gazette, issue number 179, on September 18, 2026, in section III, with official reference BOB-2026a179-(III-146). The acts will be signed at the Berriz courthouse on September 29, from 9:15 AM onwards.

The basis for the expropriation is the elimination of the Torretxo crossing located at kilometer point 37+154 of the Bilbao-Donostia railway. The project was approved by the resolution of the Director of Transport Infrastructure on September 11, 2024, and was published in the Official Gazette of the Basque Country on October 1, 2024, in issue number 191. The works involve the construction of a new road: it will replace a section of the current Errotatxo road via a crossing that passes under the railway, thus achieving the geometry and elevation that adapt the new layout to the underpass of the train platform.

The expropriation procedure began with the resolution of May 4, 2026, and the list of assets was made public on May 11, 2026, in the Boletín Oficial de Bizkaia, the Official Gazette of the Basque Country, and the newspapers El Correo and Deia, as well as on the notice boards of the Berriz town hall. During that process, two written allegations were submitted; these were sent to the technical services and, where appropriate, taken into account to correct errors, with individualized responses sent. Once the public period ended, the final list of affected assets and rights was completed.

Which assets and which owners

The resolution lists four plots located in the municipality of Berriz, comprising 6,989 square meters in full ownership and 237 square meters in permanent easement:

• Plot 001, cadastral reference 7-761: Jaime Corcostegui Vivar, 5,171 m² in full ownership and 237 m² in permanent easement; appointment at 9:15 AM.
• Plot 002, cadastral reference 7-771: Jaime Corcostegui Vivar, 1,472 m² in full ownership; appointment at 9:15 AM.
• Plot 003, cadastral reference 7-781: Fermin Ormaetxea Barrutieta, 247 m² in full ownership; appointment at 9:40 AM.
• Plot 004, cadastral reference 7-781: Jaime Corcostegui Vivar and/or Fermin Ormaetxea Barrutieta, 99 m² in full ownership; appointment at 9:15 AM.

Occupation by expropriation and procedures

Article 6.2 of Law 38/2015 of December 29 on the Railway Sector —amended by Law 26/2022 of December 19— establishes that the approval of railway line projects, if new land must be used, entails public benefit or social interest, the need for occupation, and the declaration of expropriation. This enables the administration to resort to the procedure of Article 52 of the Law on Forced Expropriation of December 16, 1954: lands may be occupied or assets used, provided that the acts have been previously drawn up and the amount determined by the expert has been deposited or paid, including the compensation caused by the expropriation. Competence is granted to the directorate by article 11.2.c) of Decree 382/2024 of November 19, 2024.

Owners must attend the act personally or through a duly authorized representative, presenting documents proving ownership (public deeds, Property Registry certificates or informative notes, etc.), and, if they wish, they may be accompanied by their own experts and a notary at their own expense. According to article 56.2 of the Regulation of the Forced Expropriation Law approved by the Decree of April 26, 1957, interested parties may submit allegations to correct errors until the acts are drawn up, in writing to the Directorate of Transport Infrastructures (San Sebastián street 1-Lakua 1, 01010 Vitoria-Gasteiz).

Appeals

The resolution is not final in the administrative route. Interested parties may file an appeal for reversal before the Undersecretary for Infrastructure and Sustainable Mobility within one month, counting from the day following the receipt of the notification or publication. Furthermore, they may file a contentious-administrative appeal before the Administrative Chamber of the High Court of Justice of the Basque Autonomous Community within two months.

Impact on owners

As a result of the expropriation procedure, the administration may occupy the lands before reaching full agreement on the price, provided that the conditions of prior deposit or payment are met. For the owners of those four plots in Berriz, the call of September 29 is the last practical opportunity to verify ownership and, if applicable, correct errors.

Fuente: Boletín Oficial de Bizkaia, number 179, September 18, 2026, section III, p. 1 (official reference: BOB-2026a179-(III-146)).