law no 748
LAW OF OCTOBER 7, 2015
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, it has The following Act:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
Article 1. (OBJECT). This Law is intended to declare the expropriation
of necessary real estate, for the project, of necessity and utility.Construction of Works Via Railway Montero-Bulleo?, in the Departments of Cochabamba and Santa Cruz, and establish the applicable expropriation procedure.
Article 2. (DECLARATION OF NECESSITY AND PUBLIC UTILITY).
publishes, the expropriation of the real estate located in the right of way of the tranches Montero-Rio Pirai-Santa Rosa-Río Yapacani-Rio Icahilo-Búbulo, with a maximum area of expropriable up to 475 hectares, for the project?Construction of Works Via Railway Montero-Bulleo?, in favor of the Ministry of Public Works, Services and Housing, in accordance with the Annexes of location attached that form an 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 the real estate identified in Article 2 of this Law, for the project?Construction of Works Via Railway Montero-Bulle, in the Departments of Cochabamba and Santa Cruz.
II. The administrative procedure of expropriation will be as follows:
1. With the identification of the perimeter and the surface of the real estate, the Ministry of Public Works, Services and Housing will issue the corresponding Ministerial Resolution, which must be notified to the owners or owners. have a period of up to thirty (30) working days from their notification, in order to establish their proprietary rights and to present the property of their property. In case of failure to respond to the notification, it will be understood that the owner or owners will be subject to the endorsement that determines this State portfolio.
2. If there is disagreement between the amount of the guarantee presented by the owners and the guarantee presented by the Ministry of Public Works, Services and Housing, on the third day of the presentation of the disagreement
expressed by the owners, or without them, the Ministry of Public Works, Services and Housing may apply to the College of Architects of Bolivia and/or the Society of Engineers of Bolivia, in urban real estate, and to the Authority of Fiscalization and Social Control of Forests and Earth? ABT, in rural areas, to designate an individual or collective expert to determine the corresponding technical assistance.
3. The amount of compensation shall be determined, the corresponding payment shall be made available and shall be notified to the owner of the owner's right, in order to subscribe to the transfer document in favour of the Ministry of Public Works, Services and Housing.
4. In the event of inconcurrency or reluctance to subscribe to the transfer document, lack of accreditation of the existing owner's right or conflict of the owner's right, taxes and/or restrictions, the Judge in Civil and Commercial Matters, Request of the Ministry of Public Works, Services and Housing, will grant subsidiary the Minute of Transfer, prior judicial deposit, providing the delivery of the good with the help of the public force if necessary.
Article 4. (INCOME AND EXECUTION OF WORKS).Once the payment of the amount of the compensation has been made,
either directly or through a judicial deposit, the Ministry of Public Works and Housing, is authorized for the income to the expropriated pregod and the effective execution of works for the project?Construction of Works Via Railway Montero-Bulleo?, until its conclusion.
Article 5. (financial). The Ministry of Public Works, Services and Housing, will pay the amounts
emergent indemnification of the expropriation of the real estate established in this Law, from the budget assigned to it?Construction of Works Via Railway Single-bulge?.
OPENING AND ABROGATORY PROVISION
ONLY. All provisions contrary to this Law shall be abrogated and repealed.
Remit to the Executive Body for constitutional purposes.
It is given in the Session Room of the Plurinational Legislative Assembly, on the first day of the month of October of the year
two thousand fifteen.
Fdo. Nelida Sifuentes Cueto, Lilly Gabriela Montano Viana , Ruben Medinaceli Ortiz, Maria Argene Simoni
Cuellar, Nelly Lenz Roso, A. Claudia Torrez Diez.
Therefore, I enact it so that it has and complies with the Law of the State Plurinational of Bolivia.
Palace of Government of the city of La Paz, seven days of the month of October of the year two thousand fifteen.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Milton Claros Hinojosa, Maria Alexandra
Moreira López, Hugo José Siles Núñez del Prado.