The Government has approved the lands to remove the Torretxoko railway crossing and has summoned the owners

The Directorate of Infrastructure of the Department of Sustainable Mobility of the Basque Government has approved the list of lands and rights for the project to remove the Torretxo railway crossing, and has summoned the owners to the pre-occupation acts. This is the Resolution of September 10, 2026, published in issue number 179 of the BOPV official gazette on September 18, 2026, with official reference 2026/3938. The acts will take place on September 29, 2026, at the Berriz Town Hall.

The resolution refers to the construction project for the removal of the Torretxo railway crossing at point (PK) 37+154 of the Bilbao-Donostia line. This project was approved by the Resolution of September 11, 2024, and published in issue number 191 of the BOPV official gazette on October 1, 2024. The project provides for the removal of the railway crossing by constructing a new road that will replace a section of the Errotatxo road, via a crossing that passes under the railway.

To acquire the land, the Resolution of May 4, 2026 initiated the expropriation procedure and released the list of the expropriation annex for public information. The announcement was published on May 11, 2026 in the Official Gazette of Bizkaia, the BOPV official gazette, the newspapers El Correo and Deia, and on the notice board of the Berriz Town Hall. During this process, two written allegations were submitted, and individualized responses were provided.

What the resolution approves

The first point of the resolution approves the list of assets and rights affected by the project and declares the necessity of their occupation, with the consequences provided for in Article 6.2 of Law 38/2015 (of September 29, regarding the Railway Sector). The second point summons the owners appearing on the list to present themselves at the Berriz Town Hall on the indicated date and time to receive the pre-occupation acts and, where applicable, carry out the formal occupation of the assets.

Who has the competence and which regulation applies

The competence is established in Article 11.2.c) of Decree 382/2024 of November 19, 2024, which establishes the organic and functional structure of the Department of Sustainable Mobility. Law 38/2015 applies to the expropriation, as amended by Law 26/2022 of December 19, 2022; this attaches the declaration of public interest, the necessity of occupation, and its urgency to the approval of projects, and grants the administration the ability to use the procedure in Article 52 of the Forced Expropriation Law of December 16, 1954.

The resolution is not final in the administrative route. An appeal may be filed within one month before the Undersecretary of Infrastructure and Sustainable Mobility, and a contentious-administrative appeal may be filed within two months before the Administrative Litigation Chamber of the High Court of Justice of the Basque Autonomous Community.

Affected assets: four estates in Berriz

Annex I of the resolution lists four estates in the municipality of Berriz, totaling 6,989 square meters in full ownership and 237 square meters in permanent easement:

• Estate 001, cadastral reference 7-761: Jaime Corcostegui Vivar, 5,171 m² in full ownership and 237 m² in permanent easement, called at 09:15.
• Estate 002, cadastral reference 7-771: Jaime Corcostegui Vivar, 1,472 m², called at 09:15.
• Estate 003, cadastral reference 7-781: Fermin Ormaetxea Barrutieta, 247 m², called at 09:40.
• Estate 004, cadastral reference 7-781: Jaime Corcostegui Vivar and/or Fermin Ormaetxea Barrutieta, 99 m², called at 09:15.

How owners should attend the proceedings

The called persons must attend personally or through a duly authorized representative, and present documents verifying ownership: public deeds, property registry certificates or informative notes, and any other document verifying their rights. They may be accompanied, if they so wish, by their own experts and a notary at their own expense.

According to article 56.2 of the Decree of April 26, 1957 (Regulation of the Forced Expropriation Law), interested parties may submit allegations to correct errors in writing to the Directorate of Infrastructure before the pre-occupation act is carried out: Donostia-San Sebastián street 1, Lakua 1, 01010 Vitoria-Gasteiz.

The resolution was signed by María Dolores de Juan de Miguel, Director of Infrastructure, on September 10, 2026, in Vitoria-Gasteiz. This procedure directly affects the owners of the four estates in Berriz: the preparation of the pre-occupation acts opens the way to formally acquire the lands and rights, and the owners have a period of one month to file an appeal.

Source: BOPV, number 179, September 18, 2026, Other Provisions, pp. 1-4 (official reference: 2026/3938).