Analysis of the exercise of the administrative power of ex officio recovery of the municipal public roads

Review of the doctrine of the courts

Abstract

Approach to a conceptual fixation of the goods of domain or of public service, as properties of the different Public Administrations, and their normative framework. In the local regime, description of the legal provisions that protect public property and the capacity of municipal and provincial entities for their identification, registration, defense, recovery and eviction, as well as the compulsory means admitted by administrative and judicial means. It describes the jurisprudential doctrine and criteria used by the contentious-administrative jurisdiction with respect to local public roads, their cataloguing and nature; likewise, it indicates the criteria on the legality of the acts of local entities, both procedural and substantive, in the establishment of the goods as a public service. It also includes the most important rulings on this subject handed down over the last two decades.

Doi: https://doi.org/10.17398/2695-7728.35.621