The Santarém Court recognized the Rio Maior City Council’s right to the land where wind farms were built, refusing the Public Ministry’s (MP) request for them to be considered vacant.
In the sentence, to which the Lusa agency had access today, the Judicial Court of the District of Santarém considered the action brought by the MP against the Chamber of Rio Maior, the Serra das Meadas Wind Farm (PESM) and Iberwind II (current owner) to be unfounded. of the park), asking for the land where wind farms were installed to be recognized as wasteland.
The MP asked for the nullity of the public deeds due to adverse possession made by the Municipal Council of Rio Maior, in the district of Santarém, in 1987 and 1993, when the municipality was presided over by the socialist Silvino Sequeira.
It also requested the nullity of the lease contracts with PESM (which has been in operation since 2006) and Iberwind II.
The requests were considered “unfounded” by the court, which did not consider it proven that “the lands were vacant” and acquitted the municipality, finding it proven that, “at least since 1945”, the Rio Maior Chamber carried out, in relation to these, “acts characteristic of its capacity as owner”, without any opposition or contestation.
Based on the documentary and testimonial evidence, the court considered it clear that “the populations do not use the land to satisfy their primary needs”, such as herding cattle, collecting firewood, cultivation or other agricultural functions in a community manner, thus not providing reason for the MP who argued that these were vacant lots that should be “returned to the community”.
The trial had been ongoing since December 2018 and was subject to successive suspensions in an attempt to reach an agreement.
Resuming in November 2021, the trial ended with the acquittal of the municipality, PESM and Iberwind II.
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