Public Domain Assets: Management and Legal Framework
Patrimonial Theory of Public Domain
The patrimonial theory of public domain property is the title that justifies the powers of the Administration on the goods that are part of the public domain.
Proudhon’s Theory of Public Domain
For this author, the public domain came directly from the public domain of sovereignty and property, the holder being the general public.
Functionalist Theory of Public Domain (Pillar-PalasÃ)
For the functionalist theory, the purpose of the existence of the public domain is not evading the private domain to be delivered to the state, but out of private individual rights for submission to the powers of the administration.
Similarities Between National Property for Public Use and Common Property
Commonalities between goods common to all men and National Property for Public Use:
- a) Both are not susceptible to private appropriation.
- b) Both are administered by the State when they are under its sphere of influence.
- c) For the common good of all men who are wards of the State of Chile, its regulation will be the same as the national property for public use.
Management of Property
Who Manages Property Common to All Men?
The State manages them when they are under its sphere of influence, or by international law in other cases.
Who Manages National Public Use Property?
The State, which has exclusive control standards for national public use property.
Common Good to All Men
Assets not subject to private property that nature has made common to all men.
National Asset for Public Use
National assets whose domain belongs to the whole nation, and if their use also belongs to all inhabitants of the nation, such as streets, plazas, bridges and roads, the adjacent sea and its beaches, are called national property for public use or public goods.
Maritime Zones
Contiguous Zone
The contiguous zone is the sea where the state has jurisdiction over objects related to the prevention and punishment of violations of customs laws and regulations, fiscal, immigration, or sanitary. This marine space, called the contiguous zone, extends to a distance of twenty-four nautical miles measured in the same way.
Territorial Waters
The territorial waters of the sea is that part which extends up to two hundred nautical miles from the baselines from which the width of the territorial sea is measured, and beyond the latter. The State exercises sovereign rights for exploring and exploiting, conserving, and managing natural resources.
Characteristics of National Property for Public Use
Characteristics of National Property for Public Use
Public ownership, public purpose, and intended use.
Public Ownership of National Assets for Public Use
It can only be the state, and its administration can only be entrusted to a public body.
Involvement of a National Asset for Public Use
Public use is a well-designed concept, and the authority to act on it must comply.
National Property for Public Use are Unmarketable
They are outside of human trade.
Legal Quality of Waters of Rivers
Natural course. Public Purpose of a current public use is the soil water alternately occupied and unoccupied and downs in its more than regular.
Right to Use Water
Rights of individuals over water, recognized or constituted in accordance with the law, grant their holders ownership over them.
What Can Be Done in Strips of Roads?
The Department of Transportation may authorize, from their respective owners and payment of royalties, placement facilities within public roads and their respective bands of a public domain or other road works. E.g., plumbing, telephone wiring, etc.