Act 707

Original Language Title: Ley 707

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/153177

LAW Nº 707 law of June 18 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: law of Declaration of need and utility public LA EXPROPRIATION of real estate and transfer of goods public for the project? CONSTRUCTION AND IMPLEMENTATION OF ENCLOSURES MULTIPURPOSE BORDER IN THE AREA OF BORDER OF HOMELAND SECURITY?
ARTICLE 1. (OBJECT). For the project of? Construction and implementation of enclosures multipurpose of border in the area of border security from the national territory?, the present law aims: declare need and public utility expropriation of immovable property, and set the applicable expropriation procedure.

Authorize the accomplishment of the formalities of transfer to title gratuitode properties of public entities, in favor of the Ministry of economy and public finances.
ARTICLE 2. (PURPOSE). This law aims to promote integrity and national security, and promote the preservation and development of border areas, through the construction and implementation of multipurpose venues of border in the area of border security from the national territory, which are centers for the establishment of infrastructure of public entities.
ARTICLE 3. (STATEMENT OF NEED AND PUBLIC UTILITY).
Do i. pleads necessity and public utility expropriation of real property identified for the project? Construction and implementation of enclosures multipurpose of border in the area of border security from the national territory?
II. the Ministry of economy and finance, technical report, will proceed to the identification of the location and exact surface of real estate necessary for the implementation of the enclosures.
ARTICLE 4. (EXPROPRIATION PROCEDURE). Establishes the following procedure of expropriation: made the identification of the location and area of real estate, the Ministry of economy and finance will issue corresponding, same Ministerial resolution that shall be reported to the owners, who have a period of thirty (30) working days after its notification, to prove their property rights and file valuation of your property. If you do not respond to the notification means that the owner shall undergo the assessment to be determined by the Ministry of economy and public finances.

For real estate located in rural areas, holders may request that the expropriation occurs on the total area of the premises, when the remaining part is less than the maximum area of the small property set to that geographical area.

Where there is discrepancy between the amount of the assessment presented by the person concerned and determined by the Ministry of economy and public finances, this portfolio of State will serve to the Colegio de Arquitectos de Bolivia or Bolivia society of engineers, so that they appoint an individual or collective expert to determined the corresponding technical appraisal. For rural real estate, will the Ministry of economy and finance request the authority of control and Social Control of forests and Lands? ABT, that perform the review technical corresponding.

Determined the compensable amount, payment will be available and you will be notified to the owner of the proprietary right to object signed the transfer document, in favor of the Ministry of economy and public finances.

In case of inconcurrencia or refusal to the signing of the minutes of transfer and/or receipt of the fair price by the owner, the judge in Civil and commercial matters, at the request of the Ministry of economy and public finances, enjoined the owner to the signing of the transfer document within the period of twenty (20) business days. After the deadline without the signing of the minutes of transfer, the judicial authority subsidiary grant writing, after verification of payment of the fair price through deposit judicial, with the delivery of the goods with the help of the security forces if necessary.
ARTICLE 5. (TRANSFER OF REAL ESTATE OWNED BY PUBLIC ENTITIES).
I when the property identified for the construction of multipurpose venues owned by public entities of the central State level, we authorized the transfer to gratuitously, in favor of the Ministry of economy and public finances. To this effect, the concerned Ministry will put in knowledge of the public owner of the identified property, the technical report and the requirement to transfer.
II. establishing the term of fifteen (15) business days for the signing of the minutes of transfer and delivery of the goods transferred, on behalf of the Ministry of economy and finance, term which shall run from the communication established in the previous paragraph.
ARTICLE 6. (PROPERTY OF AUTONOMOUS TERRITORIAL ENTITIES).

In accordance with articles 262 and 298, paragraph I paragraphs 4, 5, 10 and 11, of the political Constitution of the State, and to the enforcement of this Act, the transfer of property of the autonomous territorial entities, in favor of the Ministry of economy and finance, will be gratuitously, applying the regulations in force.
II. while operating the transfer provided for in the preceding paragraph, the titular autonomous territorial entities of the collateral subject to transfer, through its appropriate bodies and the respective procedure, are empowered to grant the right to temporary use of public property in his office, in favor of the Ministry of economy and public finances.

ARTICLE 7. (RECOGNITION OF RIGHT OWNER IN RURAL AND URBAN AREAS).
I. exceptionally and in accordance with the articles 262 and 298, paragraph I, paragraphs 4, 5, 10 and 11, of the political Constitution of the State, for the purposes of this Act, the National Institute of agrarian reform? INRA may recognize property rights in land, in favor of the Ministry of economy and public finances. The effect, this portfolio of State shall submit its request accompanied by flat-geo-referenced and technical justification.
For this purpose, the present proceeding is excepted to the Final tenth of law provision no. 3545 of 28 November 2006.
II. in the case of legal holders, in accordance with the law No. 1715 of 18 October 1996, as amended by the law No. 3545 of 28 November 2006, the Ministry of economy and finance will recognize the improvements made in the property, subject otherwise to the provisions of the previous paragraph.
III. exceptionally in the urban area and in accordance with the articles 262 and 298, paragraph I, paragraphs 4, 5, 10 and 11, of the political Constitution of the State, for purposes of this law, in areas which do not have accredited owners or land without owner, the Ministry of economy and public finances are apersonará with the request and location before the Civil judge plane and commercial who instruct the registration of real rights, issue certification within the period of ten (10) working days, the existence or not of been on the real estate property rights, such certification shall constitute sufficient document so the judge issued the resolution within the period of ten (10) business days, provided the registration of the real estate on behalf of the Ministry of economy and public finances.
IV. in the case of beneficiary owners defined according to the law N ° 247 of 5 June 2012, to not credited property rights in residential properties, the Ministry of economy and finance will recognize the improvements made in the property, subject otherwise to the provisions of the previous paragraph.
ARTICLE 8. (FINANCING). For compliance with this Act, the Ministry of economy and finance allocated resources of the Treasury General of the nation - TGN, according to funding availability.
SOLE FINAL PROVISION. In proceedings of expropriation that to carry out the Ministry of economy and finance, once the compensation and in case of resistance of the delivery of the property expropriated by the owners or third parties, cited State portfolio may require the help of the security forces.
SOLE ABROGATION AND REPEAL PROVISION. They abrogate and repealing all provisions contrary to this law.
Send it to the organ Executive, for late constitutional.
Two thousand and fifteen is given in the room sessions of the Assembly Legislative plurinational, six days of the month of June of the year.
FDO. Álvaro García Linera, Rubén Medinaceli Ortiz, Nelly Lenz Roso 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 18 days of the month of June of the year two thousand and fifteen.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Luis Alberto Arce Catacora, Nemesia Achacollo Tola