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LEY N° 13.995

Leasing and disposing of the tax land for the farm workers. Rules of protection for the Argentine peasantry and the reactivation of the tax land.

Sanctioned: September 29/1950

Promulgated: October 5/1950

WHY:



ARTICLE 1 The executive branch, through the Ministry of Agriculture and Livestock of the Nation, will promote compliance with the social function of the fiscal land, through its progressive and organic leasing and alienation, in favour of the real workers of the countryside.

The fundamental rule for the interpretation and application of this law should be defined as the concept that land should not constitute an income asset, but as a working instrument. The main objective of the law is the protection of the Argentine peasantry and the reactivation of the fiscal land.

ARTICLE 2. It will be understood by rural land that, located outside the urban plants, has the main purpose of agricultural exploitation.

ARTICLE 3. It will proceed to explore, study, measurate, subdivide and search the tax land; to sell, lease, take it to occupation or reserve it, and to determine and control its destiny. The creation of production and consumption cooperatives and credit and insurance systems appropriate to the agricultural economy will be promoted.

ARTICLE 4°. The rural land will be subdivided in the light of the fact that each predio must constitute an economic unit of exploitation, which is inembargable and inequitable, and cannot be altered without State intervention.

It will be understood by economic unit of exploitation every predium that by its surface, quality of land, location, improvement and other conditions of exploitation, rationally worked by an agrarian family that contributes most of the necessary work, allows to meet its needs and a favorable evolution of the company.

ARTICLE 5°. No qualifications may be granted to concessionaries of rural tax land:

(a) The anonymous companies;

(b) Corporations of any other kind when they have a profit purpose;

(c) Concessionaries for the sale or lease of another fiscal land that constitutes an economic unit of exploitation;

(d) Those who, by transgressing this law or laws of tax land prior to their regulations, are deemed undesirable in the opinion of the Executive.

Except as set out in subparagraph (b) to family societies and (c) to religious, social and educational institutions whose main purpose is not for profit.


ARTICLE 6°. The prices for the sale of the land will be fixed according to the characteristics, nature, location and productive aptitude of the soil, as well as communications and distances to the centers. Only as an exception can promotional or stimulus prices be set.

Its value will be satisfied under the conditions established by the Executive.

ARTICLE 7°.- These are obligations of the concessionaires, from the date on which they are given possession, the following:

(a) Performing personal and self-employment, residing on the premises;

(b) Introduce all necessary improvements, crops and livestock for the rational exploitation of the establishment;

(c) To comply with the obligations that are set on a special basis in each case;

(d) Do not transfer the concession without express and prior authorization.

ARTIOULO 8°.- After the time limits set by the regulation, and the compliance with the requirements set out in the previous article, the executive branch shall grant the corresponding title of ownership.

ARTICLE 9°. Tested—before the domain title has been granted—the failure to comply with any of the obligations established by this law, its regulation or contract, the Executive Power shall declare its expiry.

ARTICLE 10. Granted the domain title, the owner must:

(a) To pay, if any, the price balance in accordance with the agreed terms of sale;

(b) Maintain the establishment in a sound degree of productivity, through personal and self-employment;

(e) Continue to comply with the obligations of article 7 (c) to the extent established.

The obligations set forth in this article are transmitted to successive acquisitions without limitation.

ARTICLE 11. Failure to comply with the obligations set forth in the previous article will be sufficient cause for the determination of the right of control.

In such a case, the executive branch shall declare the land to be withdrawn to the State ' s heritage and shall revalue the predium, taking into account, for the setting of its price, the existing improvements and the greatest value acquired by the incorporated work.

Once again, the former owner may continue the exploitation until the new concessionaire pays the price set by the executive branch, deducted by the latter the credits for the State.

ARTICLE 12. The owner may not transfer or lease or subdivid the predio, or engage in its exploitation to those who are not members of his family, without prior authorization. Disposal shall be authorized only to third parties, where they are able to acquire in accordance with the requirements of this law.

The authorization shall be deemed tacitly granted if it is not expressly denied within 180 days of the date of submission of the respective application, except for the lease or subdividing of the predio, in which case it shall always make explicit authorization.

ARTICLE 13. Transmissions of dominion contrary to the provisions of this law shall be affected by absolute nullity. In the translative deeds of domain, the express or tacit authorization to transfer must be recorded.

The scribe who authorizes a writing in which this record is omitted shall be in default, whose sanction and application shall be in accordance with Law 12.990.

ARTICLE 14. The owner may designate for the case of death the person (conyuge or heir) to whom the predio shall be awarded in order to continue its exploitation, provided that it meets the legal conditions to be holder of it.

In default, the spouse and/or heirs of the owner shall choose him from among them, by a majority of votes. If the latter is not obtained, the election will be made by the executive branch.

ARTICLE 15. The heirs who are not awarded to the predio shall have a creditor right for the amount of the corresponding heir quota, against the grantor.

Please provide official, credit and insurance entities with a view to organizing a regime that would enable the grantor to finance the fulfilment of the emerging obligations of the partition. In such a case, it shall not govern the ineffectiveness set out in article 4°, but the new award made, as a result, shall be in accordance with the provisions of this law, enjoyed in that case the former coherers of preference for their award. Of the same preference, they shall enjoy when the awardee is reached under article 11.

ARTICLE 16. When there is no heir empowered to be the owner of the land exploitation, or if they are not willing to continue it, or are not present within the end of a year, the executive branch shall declare the pred to the fiscal domain.

The spouse and/or heirs of the former holder shall have in such a case a creditor right, the amount of which shall be set in accordance with article 11.

ARTICLE 17. The executive branch may award plots of rural land in accordance with Title II of this Law for the establishment of industrial and commercial establishments subject to the conditions established by the regulation and the generals of this Law, as soon as they are applicable to it on the basis of their destination.


ARTICLE 18. The executive branch shall determine the land to be subject to the leasing regime, with or without option to purchase, under the conditions and prices established by the regulation.

ARTICLE 19. The tenants of tax land must inescapably carry out personal and self-employment, with residence in the manner prescribed and also comply with all other conditions established on a special basis in each case.

ARTICLE 20. After five years and the performance of the obligations and other requirements established, the tenant shall have the option to purchase the land at the price fixed and subject to the regime provided for in articles 10, 11, 12, 13, 14, 15 and 16 of this law.

If the option is appropriate and used within six months of the expiration of the five-year period from the date of the conclusion of the contract, the amounts paid for the lease during that period, until the title is awarded, will be computed, at the price.

If for any reason the option was to be effected after that term, the buyer ' s tenant shall lose the benefit referred to in the preceding subparagraph.

ARTICLE 21. Without prior and express authorization, the tenants may not give up the lease or engage third parties in the exploitation, and the subarr is prohibited.

ARTICLE 22. The Executive Power may apply fines to the sum of ten thousand pesos national currency and the expiry of the concession, depending on the severity of the breach of the obligations set out in articles 19 and 21.

ARTICLE 23. The tenant may only continue in the lease upon authorization, the heirs authorized to do so under the terms of this law. In this case a new lease will be held with them.

In order to conclude such a contract, the heirs or the landlords to whom the land is granted shall, in the absence of such contracts, credit the payment of the improvements to their coherers or to the heirs of the former concessionaire, respectively.

ARTICLE 24. The holders of leases pursuant to Law 4.167 by land fractions capable of being sold attentive to the terms of the present, shall have the right to a award under the following conditions:

(a) That the predium constitutes an economic unit of exploitation or is susceptible to becoming it;

(b) That applicants are not covered by the restrictions of Article 5;

(e) That there are no grounds for its administrative record, which may determine the expiry of its contract, and provided that the contract is at least five years in effect; in the event that it does not total them, the award shall be made only at its end.

Pursuant to the conditions required by this law, the title of ownership must be given to them by the operating unit.

Land tenants who are not eligible to be sold shall have a preference for renewing their contracts in the terms of this law, provided that they have fulfilled their legal and contractual obligations.


ARTICLE 25. The tax islands shall be subject to the regime of the prey law in all that is compatible with the security of the State and the requirements of navigation.


ARTICLE 26. Stay on the ground, the fraction of land located in the urban plant of the towns that have the seat of the family, or of industrial, commercial or cultural activities.

ARTICLE 27. The Executive Power will have the layout of new towns in the fiscal land and the urbanization of existing population centres.

ARTICLE 28. The executive branch is empowered to sell urban plots. Prices shall be set in accordance with the actual values and only by exception shall the price be condone or set up for promotion.

ARTICLE 29. Solars will be granted for sale according to the following limitations:

(a) To physical persons, a site in each village;

(b) To cooperatives, companies, companies or entities for profit or common good, as many solars in each people as necessary for the fulfilment of their ends in the opinion of the Executive.

In this case the requesting entity shall be obliged to execute the works and to make the improvements required by the nature of its activities.

The Executive Power shall set in advance the price, forms of payment and other obligations, which shall be fulfilled within two years of the date of the granting of possession. They will consist of at least to fully fence the solar and build a house-room with its dependencies.

ARTICLE 30. After the two-year deadline has not been met by the obligations of this law, or by any other obligation that is contractually established, the Executive Power may declare the expiry of the concession.

ARTICLE 31. The solar concession contract is intransferable, except with the prior authorization of the executive branch. The authorization to transfer if the Executive Power does not expressly deny it shall be tacitly granted within 90 days of the date of submission of the respectful request.

ARTICLE 32. Complying with the fulfilment of the obligations set out in article 29 — as set out in paragraph — the Executive Power shall grant the corresponding title of ownership, thus remaining the site incorporated into the common law regime.

ARTICLE 33. The Executive Power will transfer to the communal authority of the peoples, the ownership of the plots located within the urban plants. This transfer shall be made in all cases where such communes reach a minimum population determined by the Executive Branch and have constituted a regime of their own government.

ARTICLE 34. — Those municipalities to whom the property of the urban tax land has been transferred, shall have the right to receive the amounts accrued in price, and shall proceed to grant for sale or reserve the land, in accordance with the requirements of this law; and shall be obliged to respect the existing contracts and the reserves instituted.


ARTICLE 35. In the terms of this Act, all tax-owned land, which is still subject to the Acts 817, 1,265, 2.875, 4.167 and 5.559, is covered.

Emerging sales rights made by the rule of these laws, including those made in public auction under Laws 4.167 and 5.559 where the obligations of population and/or payment have not been met, shall be resolved without the right to reimbursement or compensation.

The Executive Power shall conduct the study of all situations that may be covered by the previous precept and shall determine the conditions of application of the measure by allowing when reasons of equity impose it, the restitution of the paid price.

Land that is disaffected by the resolution of rights shall be incorporated into the law of this law.

ARTICLE 36. Tax lands may not be purchased through the statute of limitations.

ARTICLE 37. The executive branch may apply fines that do not exceed the quantum of the lease to what they occupy fiscal lands without authorization and decree their eviction that will be directly executed by the public force.

ARTICLE 38. The expiration of the concession will involve the loss of the sums paid to the Fisco by the concessionaire.

The expiry may be arranged, as appropriate, with or without loss of the improvements made in the premises. It should be disposed of with loss of improvement when it recognized as a cause, actions or omissions in the opinion of the Executive.

In other cases decreed without loss of improvement, the new concessionaire may not take possession of the premises if it has not previously satisfied or agreed with the former concessionaire the amount resulting from the taxation that the executive branch deems to be valued.

ARTICLE 39. The executive branch may authorize and even impose the lifting of improvements at the expense of the occupants of fiscal lands that have incorporated them without authorization.

If you prefer to retain them, you will determine the price and other conditions under which the landlord will reimburse the landowner from the investment to the land builder.

ARTICLE 40. Determine public utility and subject to expropriation, the privately owned land necessary for the fulfillment of the purposes pursued by this law.

ARTICLE 41. Determine public utility and subject to expropriation, all lands originally taxed, which would have become part of the property of natural or legal persons, in violation of the legal or regulatory rules, provided that, in the opinion of the Executive Branch, they do not fulfil the social function of the property.

Please note, at the maximum and definitive price of these expropriations, the amount for which they were acquired from the State, and, with respect to third parties who are owners of the date of sanction of this law for the Congress, the price paid to their immediate seller, in both cases plus the value of the improvements estimated according to the cost to the date of construction of the same with the usual amortizations.

In no case shall the compensation set exceed that of the current valuation of the property for the real estate contribution, which is increased by 30 per cent.

ARTICLE 42. Authorize the Executive to carry out the necessary credit operations in order to finance the measures to give rise to compliance with articles 40 and 41.

ARTICLE 43. The executive branch, on the proposal of the Ministry of Agriculture and Livestock of the Nation, may have reserves of land for the purpose of public use or submit to special concession regimes the areas it considers to be affected to the defence and security of the State.

It will also be able to grant occupation permits to low-income residents, when reasons for social convenience so advise.

As long as the reserved lands are not affected for the purpose, they may be granted on a precarious lease by the Ministry of Agriculture and Livestock of the Nation.

ARTICLE 44. The land affected by existing reserves instituted by law or by decrees, in favour of various State agencies that have not been used to date, shall be returned to the law. This provision does not apply to mining reserves.

ARTICLE 45. For forest promotion purposes, the executive branch may grant bonuses in the sale or lease prices of tax land.

ARTICLE 46. From the date of the granting of the possession of the land, the concessionaire for sale is obliged to pay the fees, and from the third year to settle the taxes of any nature that they incite on the land.

ARTICLE 47. Tax land dealers will pay for inspection of the land they occupy in any title, the amount set by the executive branch. With the result of this right, the special fund for the exploration of tax land will be increased.

ARTICLE 48. The Executive Power shall establish the procedure to which the granting of tax land, the expiry, the termination or termination of rights, and the application of fines provided for in this Act, as well as the formalities and requirements of the titles of property that shall be granted administratively and without the need for notary intervention.

The procedure should be regulated in a manner that, with the maximum economy of administrative activity and the elimination of any bureaucratic procedure, guarantees the administered their hearing, defense and evidence.

The decisions of the executive branch shall cause state and in respect of subjective rights, may be appealed within the 30-day perennial term for the competent federal chamber, for the reason of the location of the predium.

The chamber shall understand in a single instance and the reasons for the opening of the appeal shall be exclusively the incompetence and violation of the law in the form or substance of the action taken or of the procedure to which it emanates.

After six months after the date of the appeal, the executive branch may, for reasons of public interest, arrange for the execution of the action taken without prejudice to the decision required.

ARTICLE 49. Please provide the Executive Branch with a view to verifying the independence and nature of agricultural farms, and to this end, when necessary, communicate the accounting and commercial documentation books of the concessionaires and adjudicators and request from third parties all reports that are essential.

Fake reports or refusal to facilitate this check will be sufficient causes to decree the expiry of the concession or rescind the sale in your case, and the application of fines of up to $100.000 m/n, for third parties.

ARTICLE 50. Decreated the expiration or result of the sale, the eviction of the property will result.

Executive decrees ordering the eviction of tax lands are executive and allow them to be effective using the public force.

ARTICLE 51. The liquidations, seals and bonds of debts issued by the Executive Branch, or the distribution designated by the Executive Branch, have executive force and their judicial collection may be carried out through apprehension.

ARTICLE 52. The executive branch shall require provincial governments to adopt, within their respective jurisdictions, measures concurrent to the purposes of this Act.

Transitional provision

ARTICLE 53. Please refer to the Executive Branch to regularize the situation of the inhabitants of the tax lands who have incurred violations of the previous legislation, provided that their situations fall within the terms of this Act.

ARTICLE 54. Contact the Executive.

Given in the meeting room of the Argentine Congress, in Buenos Aires, on the 29th day of the month of September of the year of Libertador General San Martín, 1950



Buenos Aires, 5 October 1950

Decree No. 21.116

TANTO:

Please follow the National Law, fill in, report, publish, give to the General Directorate of the National Register and archvese.

PERON

Carlos A. Emery