The right of retraction of forests: a legal institution that is still effective

Abstract

This article examines the legal mechanism of the right of first refusal in forestry as an effective tool for public and environmental protection in Spain. Based on an analysis of the 2007 Provincial Court of Gerona judgment, it explores the legal background, from the 1957 Forestry Law to Law 43/2003, which grants Public Administrations preferential acquisition rights over properties adjoining communal forests. Furthermore, it discusses how these laws reinforce ecological conservation by promoting environmental sustainability. The case involving the Campelles Municipality highlights legal complexities, including jurisdictional disputes, active legitimation, and evidence assessment. Lastly, it evaluates the tensions between national and regional regulations, emphasizing the foundational nature of the Forestry Law compared to regional legislation, such as Catalonia's Forestry Law. The article concludes by reaffirming the validity and importance of this legal instrument in the management and protection of natural resources.