A Centuries-Old Border Dispute Escalates to the Supreme Court

In a dispute that traces its roots back over two centuries, the regional government of Asturias is now taking its border disagreement with León to the Supreme Court. At the heart of this contention lies a 700-hectare pastureland in Somiedo, a point of contention between the Asturian council and the Leonese municipality of Cabrillanes. As Nacho Poncela (2025) reports for El País, this legal battle is escalating after an unfavorable ruling from the National Court.

The Heart of the Matter: Pastures and Patrimony

Nestled within the Biosphere Reserve of Somiedo Natural Park, almost 1,500 meters above sea level, the 90 residents of Santa María del Puerto are finding themselves at the center of a protracted dispute. For over 240 years, these villagers have been arguing with their neighbors in Cabrillanes over the utilization of nearly seven hectares of pastureland. The National Court's decision to favor León's interests has prompted Asturias to seek recourse in the highest court of the land.

According to Azucena Lorences, the deputy mayor of Somiedo: «If every time an old document appears in Spain, easements have to be modified, thousands of demarcations would have to be changed».

The decision carries significant implications beyond mere territorial attachment. Should jurisdiction fall to León, Asturian livestock farmers risk losing substantial European aid. Somiedo's farmers receive nearly two million euros from the Common Agricultural Policy (CAP), with approximately 94,000 euros specifically allocated to the Natural Park. This translates to an average of 805 euros per farmer, constituting nearly 5% of their total CAP aid.

Historical Roots and Contentious Documents

The dispute's origins can be traced back to a document dated September 13, 1785, which delineated boundaries resulting in a Royal Decree. This 1788 ruling aimed to resolve a conflict between representatives of Laciana (León) and José García de Atocha, representing Piedrafita de Babia (León). The disagreement centered on jurisdictional divisions between Babia, Piedrafita, Laciana, and Villaseca.

The involvement of Ventura Feito, a resident of El Puertu de Somiedo, in the original demarcation is now under scrutiny. Feito lacked official legal standing and was not the designated custodian of the village during winter transhumance. His participation in the demarcation, without the presence of a judge, raises questions about the legitimacy of the historical boundary definition.

«The interpretation of the National High Court seems very curious and particular to me. We are in 2025 with a delimitation of councils, provinces and autonomous communities based on a document from 1785 and 1788 in which a resident of El Puertu arrived without the presence of the competent Somiedo authorities where it is clearly seen that he was on his own. Not everyone had the same legal guarantees in 1788 and now in 2025 either», says Nuria González Alonso, a professor from Somiedo and author of Socioeconomic Cartography of a high mountain town: Santa María del Puertu (Somiedo).

Legal Maneuvering and Political Reactions

The Asturian government, led by Councilor of Territorial Planning Ovidio Zapico, is preparing to file a cassation appeal with the Supreme Court, firmly believing that there are sufficient legal grounds for the appeal to succeed. Zapico emphasizes the importance of preserving Somiedo's territory, particularly given its status as a biosphere reserve. He says that they are fighting to ensure that Somiedo does not lose seven square kilometers of territory.

In response, Emilio Martínez Morán, the mayor of Cabrillanes, dismisses the appeal as a «legal game.» He asserts that the historical record supports Cabrillanes' claim and accuses the Asturian government of raising false expectations among livestock farmers. He also said that the decision of the Government of Asturias “is an order” and asks Councilor Zapico and the mayor of Somiedo to tell the truth to the farmers.

The Stakes for Local Farmers

The potential loss of jurisdictional control carries significant economic implications for the Asturian farmers. These farmers bought land between Asturias and León, land bought in 1923 by José and Domingo Lorences Fernández. These neighbors of El Puertu bought the mountains of L'Ordial, L'Arbeḷḷosa and Veiga la Ventana from the "Coalla de Grao, Asturias" brothers before a notary for a price of 1,000 pesetas. They later sold them in a notarial deed dated January 9, 1925 to 63 buyers and 11 verbal principals who were vaqueiro neighbors of El Puertu.

The shift in jurisdiction to León could jeopardize their access to vital European agricultural subsidies, which are crucial for sustaining their livelihoods.

Looking Ahead: A Supreme Court Showdown

As the case moves to the Supreme Court, the future of these contested pastures hangs in the balance. The outcome will not only determine the territorial boundaries between Asturias and León but also the economic well-being of the local farming communities. The debate is raging, and the final chapter of this centuries-old dispute is yet to be written, with both sides preparing to present their arguments before the highest court in Spain.

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