Bill 748

Original Language Title: Ley 748

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/153357

Law No. 748 law of 7 October 2015 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, DECREES: article 1. (OBJECT). This law aims to declare the expropriation of real estate necessary for the project's need and public utility? Construction of works Via railway Montero - Bulo Bulo?, in the departments of Cochabamba and Santa Cruz, and establish the procedure of expropriation.
Article 2. (STATEMENT OF NEED AND PUBLIC UTILITY). Stated need and public utility, the expropriation of real estate located in the right-of-way of the sections Montero - Rio Piraí - Santa Rosa - Yapacani river - Río Ichilo - Bulo Bulo, with an expropiable maximum area of up to 475 hectares, for the project? Construction of works Via railway Montero - Bulo Bulo?, in favor of the Ministry of public works, services and housing, according to attached location annexes that are indivisible part of this law.
Article 3. (EXPROPRIATION PROCEDURE).
I. the Ministry of public works, services and housing, through the Vice-Ministry of transport, will be responsible for the expropriation of real property identified in article 2 of this law, for the project? Construction of works Via railway Montero - Bulo Bulo?, in the departments of Cochabamba and Santa Cruz.
II. the procedure administrative of expropriation will be the following: 1. made the identification of the perimeter and the surface of them goods estate, the Ministry of works public, services and housing will issue it resolution Ministerial corresponding, same that must be notified to the or them owners, who will have a term of until thirty (30) days working starting from its notification, for accredit its right owner and present the review of your property. In case of not respond to the notification, is means that the or those owners is subject to the review that determine this portfolio of State.

2. If there is discrepancy between the amount of the assessment presented by the owners and the assessment presented by the Ministry of public works, services and housing, on the third day of the presentation of the disagreement express of the owners, or without them, the Ministry of public works, services and housing available to the College of architects of Bolivia or the society of engineers of Bolivia in real estate urban, and to the authority of control and Control Social of forests and land? ABT, in rural properties, so they appoint an individual or collective expert who will proceed to determine the corresponding technical appraisal.

3. given the compensable amount, the payment will be available and it will be notified to the holders of the property rights, in order to sign the document of transfer in favour of the Ministry of public works, services and housing.

4. in the case of inconcurrencia or reluctance to the signing of the document of transfer, lack of accreditation of the proprietary right to existing or conflict of property rights, liens or restrictions, the judge in Civil matters and commercial, at the request of the Ministry of public works, services and housing, will grant alternative the minutes of transfer, previous deposit judicial, with the delivery of the goods with the help of the security forces if necessary.
Article 4. (ENTRY AND EXECUTION OF WORKS). Once payment of the amount of compensation, either directly or through a judicial deposit, the Ministry of works public services and housing, is it authorized to enter the expropriated lands and the effective execution of works for the project? Construction of works Via railway Montero - Bulo Bulo?, until its conclusion.
Article 5. (FINANCING). The Ministry of public works, services and housing, shall pay the amounts emerging compensation from expropriation of real estate established in this law, the budget assigned to the? I would construction of works Via railway Montero - Bulo Bulo?.
SOLE ABROGATION AND REPEAL PROVISION. They abrogate and repealing all provisions contrary to this law.
Refer to the Executive Body for constitutional purposes.
Two thousand and fifteen is given in room sessions of the Assembly Legislative plurinational, to the first day of the month of October in the year.
FDO. Nélida Sifuentes Cueto, Lilly Gabriela MONTAÑO Viana, Ruben Medinaceli Ortiz, Maria Argene Simoni Cuellar, Nelly Lenz Roso, A. Claudia Torrez ten.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz, to the seven days of the month of October in the year two thousand and fifteen.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Milton clear Hinojosa, María Alexandra Moreira Lopez, Hugo Jose Siles Nuñez del Prado.