Marcote Solar Plant (Toledo): What the Public Utility Declaration of 23 MW Entails

Key data

If you are a landowner in the vicinity of Villarrubia de Santiago (Toledo) or have interests in the development of energy infrastructure in the area, this resolution directly affects you. The Resolution of October 5, 2026 from the General Directorate of Energy Policy and Mines grants Agos Fotovoltaicas, SL the public utility declaration for the Marcote photovoltaic plant, with 23.36 MW of installed capacity, together with its evacuation infrastructure at 30 kV.

This declaration is not a minor formality: it enables the promoting company to occupy both public and private domain land, impose easements of passage, and obtain administrative access authorizations. The proceedings have been in process since 2020 and have completed the public information process without objections, with approval from all consulted bodies.

What does this regulation establish?

The public utility declaration is a legal instrument that the State grants to energy infrastructure projects when it is considered that their construction responds to a general interest. In practical terms, it grants the promoting company powers that go beyond those of an ordinary private developer.

Specifically, the resolution establishes the following effects for Agos Fotovoltaicas, SL:

• Right to occupy public and private domain land necessary for the plant and its evacuation infrastructure.
• Right to obtain passage authorizations over publicly owned land.
• Right to impose easements over private land affected by the installation layout and the 30 kV evacuation line.
• The declaration does not exempt the company from obtaining other environmental or urban planning licenses that may be necessary.

The proceedings began in 2020 and have completed all mandatory procedures: public information (with no objections filed) and consultation with competent sectoral bodies, which have issued approval. The resolution was adopted on October 5, 2026 and published in the BOE on October 22, 2026, the date it came into force.

Economic and operational impact

For the promoting company, the public utility declaration unlocks the construction phase by eliminating the main administrative barrier: legal access to the land. Without this declaration, any refusal by a private owner could indefinitely paralyze the project.

For affected landowners, the impact is the opposite: they lose the ability to freely negotiate the terms of access to their properties. The easement can be imposed coercively, although the owner retains the right to receive compensation for the occupation or limitation of use of their land.

From the perspective of the energy sector, a plant of 23.36 MW with evacuation at 30 kV is a medium-small sized installation within the Spanish photovoltaic market, typically oriented toward the wholesale market or long-term supply contracts (PPA). The resolution does not detail economic amounts of the operation or easement conditions, which will be determined in subsequent expropriation or agreement procedures.

Who does it affect?

• Agos Fotovoltaicas, SL: the promoting company directly benefited. It is enabled to begin procedures for land occupation and construction of the plant and evacuation line.
• Landowners in Villarrubia de Santiago (Toledo): affected by the possible imposition of passage easements or partial expropriation of their properties for the installation or 30 kV evacuation infrastructure.
• Public domain-holding administrations in the area: must process the corresponding passage authorizations.
• Other energy developers in the area: the occupation of evacuation corridors may condition future projects in the area.

Practical example

Imagine you are the owner of an agricultural property in Villarrubia de Santiago whose layout coincides with the 30 kV evacuation line of the Marcote plant. Before this resolution, Agos Fotovoltaicas needed your voluntary agreement to access your land. With the public utility declaration now granted, the company can initiate the procedure for imposing a passage easement without needing your consent.

This does not mean you receive nothing: you have the right to compensation for the imposed easement, which will be negotiated or, in case of disagreement, determined through administrative or judicial means. What you can no longer do is block the project simply by refusing to negotiate. If you believe the resolution does not comply with law or that your land should not be included, the deadline to file an appeal before the State Secretariat for Energy is one month from publication in the BOE (October 22, 2026).

What should companies do now?

1. If you are an affected landowner: verify whether your property is included in the scope of the plant or the 30 kV evacuation line. Consult the administrative file to learn the exact layout.
2. File an appeal if applicable: the deadline is one month from October 22, 2026. The appeal is filed with the State Secretariat for Energy. After that deadline, the resolution becomes final.
3. Negotiate the easement compensation: although you can no longer block the project, you do have the right to economic compensation. Seek specialized legal advice on expropriations and energy easements before signing any agreement.
4. If you are Agos Fotovoltaicas or a developer in a similar situation: the public utility declaration does not replace environmental and urban planning licenses. Verify that all complementary permits are in order before beginning work.
5. If you are an energy developer in the area: analyze whether the 30 kV evacuation corridor of Marcote may condition future projects of your own in the Villarrubia de Santiago area.

Official source

Consult complete regulation at official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-22072