Alberto Núñez Feijóo and his partner, Eva Cárdenas, are willing to fight until the end to maintain their privileged private access to the beach of O with (Moaña, Pontevedra), built on a land that was declared in a public domain in 2007, eleven years before the PP leader couple acquired the property. After the refusal of the Ministry of Ecological Transition (Miteco) to extend the concession on those 215 square meters, Cárdenas has decided to spend his last bullet and has presented an appeal against that decision before the National Court, as confirmed to Eldiario.es legal sources.
The plot to which they continue to cling is the natural continuation of the viewpoint that crowns the sand, the one of O Fiunchal, and on which the house with its farm stands at a higher level. A row of blocks interrupts that seap walk – today fenced by the risk of collapse – to mark the limit of the farm, surrounded by a wall and that has a door to access the beach, several meters below. An access that they continue fighting despite the fact that, according to the neighbors, they have never used it. They are the same neighbors who say that, despite the fact that the house is in the name of his partner, it was Feijóo who had been in the property for a long time.
The litigation by the land is about to turn one year. In November 2024, the BOE published the intention of the state to recover its property, before what Cárdenas alleged, requesting that it would be allowed to continue using the plot for 30 years from the date of the demarcation; that is, until 2037. The requirement to get it was to prove the property of that portion of land before the demarcation, but the ministry rejected it arguing that, no matter how much its previous owners had raised a wall with a door around them, those 215 m² had never belonged to the farm,
To justify its refusal, the miteco is rolled up to the first registration in the Property Registry of Finca 2.366 of Moaña, on January 24, 1941. There is then talk of an area of “seven areas forty centiáreas” (708 m²) that had as its south boundary the “Mar Playa”, an area that never changed documentary until the 926 m² that Cárdenas alleged. Throughout those almost 85 years, no license for the construction of the containment wall that invades the public domain is also recorded. Only, in 1942, the authorization for a closure “with a height, in total, 150 or 170 centimeters.”
“Therefore, and as it has been exposed, the lands subject to this file should be considered, in any case, as an excess of place on the surface of the reference registry farm, with respect to which the interested party would not have accredited its status as a registration, as well as the status of private property, protected by article 34 of the mortgage law of the aforementioned surface, or the uninterrupted registration tract of the same. of a title registered in the corresponding registry, in date with the entry into force of the current Coast Law;
The National Court, the last resort
If he was not willing to accept that refusal, the Feijóo family had two possibilities: to present an appeal for the minister for the ecological transition and the demographic challenge or, if not, directly a contentious-administrative appeal before the corresponding room of the National Court. The couple opted for the latter, thus avoiding a more than probable new administrative varapalo by the government. This wording was addressed to Genoa 13 to consult the reasons that could exist after that decision, without receiving an answer. A spokesman limited himself to responding that they would not make “valuations on private decisions that the party's president could have taken.”
The legal sources consulted by Eldiario.es point out that the judicial route can get, de facto, that the leader of the PP and his partner continue to enjoy that occupation of public land for a long time, even if they fell along the way with an unfavorable sentence, which could take two or three years. An example is the case of the Algarrobico Hotel, surely the largest symbol of the destruction of the coast for real estate speculation. Almost a decade ago the Supreme Court declared it illegal but its demolition is still waiting.
Another similar case is that of the famous illegal pool of Pedro J. Ramírez in Mallorca, on the edge of the sea. In 2024, after more than 20 years of lawsuits, the same room of the National Court that will have to resolve on the appeal of Cárdenas, ordered his demolition, confirming a judgment of the Supreme Court two years before against which Ramírez's family presented several incidents. However, 18 months later, the piqueta has not yet reached the property of the former director of El Mundo.
It also has aware almost a five years of the Moaña City Council to restore a seap walk that falls apart. From the spring of 2021, the pedestrian catwalk that ends against the block wall of the farm is fenced and in a state of abandonment. A few meters below, on the beach, a rope with corcheras crosses the sand and is internal to the sea to delimit the area in which, under it, the passage has been forbidden with a striking red sign. Even so, many walkers ignore, although maintaining prudently separated from a wall plagued with choice, which contrasts with the appearance of the stretch of wall belonging to Cárdenas, with the stone in sight and its newly renovated blue door after suffering, according to the owners, damage caused by some of the Atlantic storms that hit the Peninsula of O Morrazo.
The “integral” restoration of the Paseo is one of the objectives of the local government, headed by the nationalist Leticia Santos, which has already been requested from the General Directorate of the Coast and the Sea. To achieve this, however, the recovery for the public domain of the part that Feijóo and Cárdenas is still resisting to return is essential.