AUTHORIZASE THE EXPROPIATION OF BIES IN CONCEPT OF PUBLIC UTILITY
Act No. 13.264
Sanctioned: September 17- 1948
Promulgated: September 22 - 1948
The Senate and Chamber of Deputies of the Argentine Nation, assembled in Congress, etc., sanction with force
ARTICLE 1 - The concept of public utility includes all cases in which the satisfaction of a requirement determined by social improvement is persecuted.
ARTICLE 2° - The declaration of public utility shall be made in each case, by law, with reference to certain property. Where the qualification is sanctioned on a generic basis, the executive branch shall identify the assets required for the purposes of the law, with reference to descriptive plans, technical reports or other elements sufficient for its determination.
ARTICLE 3° - The concessionaires of public works or services, for which expropriation has been sanctioned, replace the expropriating authority in the rights and obligations that this law creates, and which are not in line with the quality of political power.
Object of expropriation
ARTICLE 4° - They may be the subject of expropriation all goods suitable or necessary for the satisfaction of "public utility", whatever their legal nature, whether or not they are in trade, whether or not.
ARTICLE 5° - The State may expropriate property of the provincial, municipal or private domain for the purpose of national public utility.
ARTICLE 6 - Expropriation may understand not only the necessary goods, but also those whose occupation agrees to the main end of it.
ARTICLE 7° - Expropriation may be disposed of and carried out on goods adjacent or not to a public work, linked or not to it, in order to carry out social improvement plans established by law.
ARTICLE 8° - If it were the partial expropriation of any property and the remaining part without expropriation was inadequate for use or rational exploitation, the expropriate may require the expropriation of the entire property.
In urban areas, inadequate surpluses will be considered for which, due to expropriation, the front, bottom, or surface below the authority to build by the respective local ordinances or uses.
In rural properties, the Executive will determine in each case the inadequate surfaces, taking into account the primitive exploitation given by the expropriate.
ARTICLE 9 - The national State is empowered to expropriate the property affected to a public service.
ARTICLE 10. - The subsoil is susceptible to expropriation regardless of superficial property.
ARTICLE 11. Compensation shall only include the objective value of the good and damages that are a direct and immediate consequence of expropriation. No personal circumstances, actual values, or hypothetical gains will be taken into account. No loss of profits will be paid.
Nor shall the panoramic value or derivative of historical facts be considered in the matter of property.
The value of the property should be estimated by the asset if the work had not been executed or even authorized.
ARTICLE 12. - Improvements made in the good shall not be compensated after the act that declared it affected to expropriation, except for those that were necessary.
ARTICLE 13. - Declared the public utility of a property, the expropriator may purchase it directly from the owner, within the maximum value that, in the total amount of compensation, deem its competent technical offices.
In the case of property, the compensation established by common agreement may in no case be higher than the valuation for the territorial contribution increased by thirty per cent.
When the territorial contribution does not include the improvements, the improvements will be paid separately, thereby encouraging them in the form indicated in the first subparagraph of this article.
ARTICLE 14. - The federal judge will not agree to decide the difference in summary judgment, setting the compensation on the basis of the proceedings and rulings to be prepared for each case by the tribunal of valuations established by article 74 of Decree 33.405 of 1944, ratified by Law 12.922, which will be integrated to this effect by a representative of the Ministry of Public Works of the Nation and one of the expropriated. These functions shall have the character of an honorary public charge. Such a court shall rule within thirty days of the judge ' s request, who may extend this period on an equal basis.
Together with the requirement to the Court of Taxation, the judge shall intimate the expropriate so that within 10 days his representative may appear to be a member of the Tribunal of Taxation under the apprehension of his intervention.
ARTICLE 15. - Contracts entered into by the owner after the law that declared the good to expropriation affected shall not be deemed valid in respect of the expropriator, and that they imply the constitution of any right relating to the good.
ARTICLE 16. - In the case of non-resourced property, the price shall be estimated by taxation by the competent State offices. There is no compromise, for this only case, expert evidence may be carried out, which will be carried out by a single expert nominated by the judge, in replacement of the performance of the Tax Court provided for in article 14.
Rules of procedure
ARTICLE 17. - The Executive Power is authorized to pay the owner or holder of the respective rights that accept it, the value that is appropriate in accordance with articles 13 and 16 of this Act.
ARTICLE 18. - Where there is no compromise and if it is a real estate, the expropriator shall confer before the federal judge of the place where the expropriated good is located, the amount of the valuation for the payment of the territorial contribution, which may be increased by up to 30% accompanied by the last ballot issued by the territorial contribution and will obtain the immediate possession of the object of the expropriation. The litis will be noted in the Register of the Property from that moment indisposable the good.
ARTICLE 19. - Notified the owner of the appropriation shall declare the transferee the property, serving the car and its record of sufficient translation title, which must be registered in the Property Registry.
ARTICLE 20. - In case of ignoring who the owner is or what his address is, the notice shall be made by edicts to be published in the Official Gazette of the Nation and the corresponding province and in a newspaper of the seat of the court for the term of five days.
ARTICLE 21. - Before sentencing on compensation, the judge may order, on his own motion, to better provide, an oral hearing to which the tax representative and the expropriate, or his legitimate representative, shall be heard.
ARTICLE 22. - The judicial decisions, which are issued, shall be made for the expropriator and the expropriation of remedies permitted by national procedural laws, including for decentralized national distributions.
ARTICLE 23. - Emerging action of any damage to third parties by location contracts or others with the owner shall be aired on an ordinary basis, in a separate trial.
ARTICLE 24. - Granted the judicial possession of the good shall be settled the leases, according to the occupants a period of thirty days for the eviction, that the expropriator may extend when in his opinion there are just reasons that advise him.
ARTICLE 25. - If it were property that was not rooted, the expropriator would also obtain immediate possession of the property subject to judicial disclosure of the value determined by the official valuation referred to in article 16.
ARTICLE 26. - No third-party action may prevent expropriation or its effects. The claimant ' s rights shall be deemed to be transferred from the item at his or her price or to the compensation, with the right to any tax.
ARTICLE 27. - Any incident shall be resolved in a summary, verbal and acted manner.
ARTICLE 28. - The costs of the expropriation trial shall be borne by the expropriator when the compensation exceeds the one offered more than half of the difference between the amount offered and the one claimed; they shall be satisfied in the order caused, when it does not exceed that amount or if the expropriation was superior to the one offered by the expropriate had not answered the claim or had not expressed the amount for it intended; and they shall be paid by the expropriate.
ARTICLE 29. - Expropriation shall be discontinued - other than express provisions of special law - if the expropriating subject does not promote the trial within two years of the sanction of the law that authorizes it, when it is concerned to carry it out on individually determined goods; of five years, when it comes to goods within a given area; and of ten years when it comes to goods covered by a generic enumeration, which the owner may modify
The preceding provision shall not apply in cases where the organic laws of the municipalities authorize the municipalities to expropriate the portion of the properties affected to rectify or widen streets and ochavas, under the respective ordinances.
ARTICLE 30. - Anyone who, as an owner, of a mere possessor, or any other person, in fact resists the execution of the technical studies or operations that under this law were arranged by the State, its officers or the concessionaries of the work, shall incur a fine of 100 to 10,000 pesos national currency, the judge's arbitrary, who shall proceed to its application, with a brief summary of the fact without prejudice. The fine will be executed by apprehension.
ARTICLE 31. In the case of expropriation of property in which no final judgement has been rendered, it shall be for the court to be summoned to the knowledge of each case, to require the reports referred to in article 14 of this Act.
ARTICLE 32. - For the purposes of this Act, the revaluations referred to in articles 32 and 33 of Decree 33.405 of 1944, ratified by Act No. 12,922 may be carried out within periods of less than five years.
ARTICLE 33. - Default of Law 189, as well as all provisions of other laws that are contrary to the present.
ARTICLE 34. - Contact the executive branch.
Given in the meeting room of the Argentine Congress, in Buenos Aires, ten days seven September of nine hundred and forty-eight.
J. H. QUIJANO H. J. CAMPORA
Alberto H. Reales L. Zaballa Carbó
- Registered under No. 13.264 -