Legislation
Expropriation. Is an act of public law under which the State or individual with an estate after payment of an eminent domain case indemnización.Un required. A) a declaration of a public utility or social interest. B) agreement between the administration and the administered c) a fair price. d) payment of indemnities Processing and basic documentation for a case of this nature tell us: a) a base project that must be ordered by a superior with authority to This and written by a physician competent in the matter. The project should include: 1. A specification of the object you want to achieve, with its location, enumeration and analysis of alternatives, choice and justification of the choice most suitable description of the parties it covers justificativo.2 calculation. Plans and details necessary to set the graphical and numerical definition of the work 3. Particular theoretical statement of requirements which will make the contract description of work to do, the quality and characteristics of materials used in the manner of execution of the work, tests and trials to be submitted and results to obtener.4. Integrated budget or for several partial expression of the horned measurement unit prices for each unit works and reviews resultantes.El project must have deserved the final approval of the oversight office proving, that he himself answers ordered by the superior, observing the rules and regulations of the Technical Annex should also contain expropriation: The origin and characteristics of the base map used to display the status of parcelas.Las sources of information used in determining the affected properties and the identification of propietarios.Los criteria for assessment and valuation of assets comprising afectados.El plot plan of the parcels affected by the proposed works. This must be made with precision and detail that permite.a) Define the shape and dimensions of the edges and angles of each parcela.B) Identify their position in the terreno.c) Know the plots adjacent to each edge) Measure surface area of each plot with sufficient precision for prevaloracion.e) Number each plot, both cadastral and order in the record to be abrir.Dicho plane may come from a survey that has been made for this or an existing photogrammetric survey organized for the same purpose. The plan must be made to the scale to make reliable measurements in the length of the boundaries or distances on the surface as aérea.En relation to the range of goods and rights affected by the expropriation, this should be done in concrete and individual must provide: 1) The number of compulsory purchase order on the record has to be abrir2) The registry identification number of polygon and plot. 3) The name of the owner of the plot or good afectado.4) The extension or full farm area and the part thereof which shall be subject to expropiación.5) Classification and grading of land or afectados.6 goods) The number of each parcel or right afectado.7) Land Parcel Identification Number of each parcel and the estate and municipality to which it belongs. 8) Name of the owner or owners of each plot of each good or right affected. 9) partial area will be subject to expropriation. 10) Score ground for their type, use rustic, if it is undeveloped land in any case by rating urbanística.La information necessary to make the signal is usually acquired alternative or complementary in the following offices and services– Provincial Delegation of National Geographic Institute, rural or urban cadastre of the Delegation, City Council, Chamber of Agriculture, Land Registry may even value a direct in-situ inspection.
Urban expropriation: General Procedure: The act of occupation will extend below the record of payment, accompanied by a proof of it, or in case of deposit or depósito.Éste minutes in order to fulfill such condition must meet the registrable title requirements contained in mortgage regulation and expropriation forzada.Como course is the expropriating or if the beneficiary which is responsible for seeking the necessary public registration for the transmission or establishment of rights has taken place to the forcible expropriation. In the case of immovable property or real rights over them, this inscription should be in the register of the propiedad.Si the farm is not registered for inmatriculación be practiced, as contained in rule 62 of expropriation in relation to público.Si domain property expropriation is to the domain of a property, you must register the corresponding transmission in accordance with the aforementioned Articles 8 and 52, and be verified the cancellation of the charges, levies and real rights affecting the expropriated property, except those who stand to be compatible with the purpose of expropriation. In the event that the holder of the property was the beneficiary of the expropriation, would proceed to the cancellation of expropriated right and the other cases were recorded this right expropriated in the name of beneficiario.Nos refer to the general procedure in which Recordable seats to lead expropriation acts are regular, that is, the final registration of the ownership of the property expropriated. When expropriation emergency had been declared, it is possible to practice notation directed to publish the initial occupation of the expropriated property as a result of what is available in the art. 60 of the rules of eminent domain. Following an outline of the acquisition of property and occupation: The first thing to see is who is expropriating administration, ie the council, it should be a repeat of the record and the national expenditure expropiante.A then must verify the warrant record in the management of the said warrant remitting payments to the provinces to do the targeting of payments to an announcement from them in the official gazette of the province (BOP) with the payment advice to the Mayor with a statement of payment to verify interesadosSe pagoFinalmente the act of setting will set the deadlines for the removal by giving the relevant communication with stakeholders, will be followed by the act of occupation and finally the registration
GLOSSARY OF TERMS IN THE CONDEMNATION What are the institutions that compose an expropriation process? Who is the expropriating? Lapotestad owns expropriation, ie, the active subject of expropriation. For identification should establish prerequisites: The expropriating must be a subject endowed with public power, or whatever it is, a legal entity capable of owning such potestades.En Second, if the expropriation today is being performed for reasons of public utility or social interest, it must be to require the expropriating the quality of being responsible for some of these areas.Who will be expropriated? Is the person who must bear the expropriation, those whose rights acts of expropriation is a necessary part expropiación.El on file and who should receive the justiprecio.En urban expropriations were not always motivated by dereliction of duty of this kind, the acting administration, could satisfy the just compensation through the award equivalent were placed in the same area of distribution that expropriated. What is the valuation of expropriation? The setting this time is the capital of the expropriation proceedings. Therefore we can say that the rest of the moments leading up to Expropriation is éste.La conversion rights and therefore the valuation is conceived as a guarantee given to represent the replacement value of the thing expropiada.Las laws ground provide for the payment of just compensation through the award of equivalent land are situated in the same areas of distribution that expropriated by agreement with the affected land can also be awarded that are located outside of that determination área.Para This fair price management can apply the procedure “jointly or individually appraised. The fair price expropriation of those lands included in an execution unit that will be developed by the system of expropriation must be determined according to its urban value. What is the act of occupation? is an administrative document that extends below the record of payment and with it the title is to be to register the transfer of property by expropiatorio.Una record the minutes after removal of occupancy, means that management has acquired free of charge the property or properties, and once lifted this act and appeared interested third parties and is not taken into account in the record, they retain and may exercise any personal actions that could be entitled to receive the valuation expropriatory compensation or even discuss the amount What is the record of payment? is a formal administrative document that extends to proof of payment of just compensation in expropriation forzosa.Llegado record upon payment of just compensation only proceed to do effective, if not booked on to those concerned to make a registration certificate in his favor on the record have extended the rules of the mortgage note or otherwise, securities evidencing the right certifications completed by negative log property concerning the same property described in the titles, if any charges should pity the holders thereof. Where such records pronouncements contrary to reality, the valuation could be paid to those who had corrected or invalidated by any means which the law says mortgage through an affidavit. What is the reversal of urban expropriation? This a real administrative law for the expropriation acquisition, whereby the owner that he was deprived of an urban farm grounds, could regain the property if not performed that justified urban privación.Si justifying and singular deprivation legitimate property or property rights or legitimate interests in which the expropriation is, is conducting a public purpose or social interest and declared the formal requirements, it is logical that when there occurs effect on either the specific purpose of reason for expropriation, the expropriated can retrieve it.Unable to reversal when concubiesen some of the following circumstances: a) The new use was also assigned public or dotacional: these effects are equivalent to use publicly dotacional, qualifying for housing subject of a protection regime public, with maintenance by the administration of land ownership afectadob) that use the expropriation dotacional that reason had been effectively implemented and maintained for eight years. What is the expropriation penalty? Is that which comes when you do not opt for the application of the forced sale for breach of the social function of property: This situation can aplicarPor disregard the deadlines established for the development of land and buildings, or in general, of the basic duties set out in the Building Code cases of legal subdivision on undeveloped land or on land for development set in which case, it follows that the valuation of the amount of the fine imposed by the courts finally to eminent domain bodies set up with the task of defining the controversy concerning the fixing of just compensation. Although physically perform functions of an expert assessment fijn judicial and deciding a dispute, its nature is not an expert but purely administrative or judicial