law no 707
2015 JUNE 18 LAW
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
Plurinational, has sanctioned the following Law:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
DECLARATION OF NECESSITY AND PUBLIC UTILITY LAW
THE EXPROPRIATION OF REAL ESTATE AND TRANSFER
PUBLIC GOODS FOR PROJECT
?CONSTRUCTION AND IMPLEMENTATION OF ENCLOSURES
BORDER MULTIPURPOSE IN THE AREA OF
NATIONAL TERRITORY BORDER SECURITY?
ARTICLE 1. (OBJECT). For the project?Construction and Implementation of Multipurpose Enclosures of
Border in the Border Security Zone of the National Territory? This Law is intended to:
Declare of necessity and utility the expropriation of property, and to establish the applicable expropriation procedure.
Authorize the completion of the transfer procedures for free of charge properties of public entities, in favor of the Ministry of Economy and Finance Public.
ARTICLE 2. (PURPOSE). This Law aims to promote national integrity and security
, and to promote the preservation and development of border areas, through the construction and implementation of Border Multipurpose Enclosures in the Border Security Zone of the National Territory, which constitute centres
for the establishment of public entity infrastructure.
ARTICLE 3. (DECLARATION OF NEED AND PUBLIC UTILITY).
I. The expropriation of the identified real estate for the project
is declared of necessity and utility.Construction and Implementation of Border Multipurpose Enclosures in the Border Security Zone of the National Territory?.
II. The Ministry of Economy and Public Finance, by means of a technical report, will proceed to identify the location
and exact area of the real estate necessary for the implementation of the Enclosures.
ARTICLE 4. (EXPROPRIATION PROCEDURE). The following procedure is established for
Realized the identification of the location and surface of the real estate, the Ministry of Economy and Public Finance will issue the Ministerial Resolution corresponding to the owners, who will have a period of thirty (30) working days, starting from their notification, in order to establish their own right and present their property. In the event of failure to respond to the notification, the owner shall be deemed to undergo the endorsement as determined by the Ministry of Economy and Public Finance.
Dealing with real estate located in rural areas, the holders may request that the expropriation be performed on the total area of the property, when the remaining part is less than the maximum area of the small property established for that geographical area.
When there is disagreement between the the amount of the guarantee submitted by the person concerned and the one determined by the Ministry of Economy and Public Finance, this state portfolio will officiate the College of Architects of Bolivia and/or the Society of Engineers of Bolivia, to appoint an individual or collective expert that will determine the corresponding technical assistance. In the case of rural real estate, the Ministry of Economy and Public Finance will ask the Authority for Taxation and Social Control of Forests and Lands? ABT, which performs the corresponding technical support.
The compensation amount will be terminated, the corresponding payment will be made available and the owner of the owner's right will be notified in order to subscribe to the transfer document, in favor of the Ministry of Economy and Public Finance.
In case of non-competition or refusal to subscribe to the Minute of Transfer and/or to the receipt of the fair price by the owner, the Judge or the Judge in Civil and Commercial Matters, at the request of the Ministry of Economy and Finance Public, will intimidate the owner to sign the transfer document within the deadline 20 (20) working days. After the deadline without the subscription of the Minute of Transfer, the judicial authority will grant the writing, after verification of the payment of the fair price through the judicial deposit, having the delivery of the good with aid of the public force if necessary.
ARTICLE 5. (ENTITY PROPERTY PROPERTY TRANSFER
I. When the building identified for the construction of Multipurpose Enclosures is owned by public entities
at the central level of the State, the transfer is authorized free of charge, in favor of the Ministry of Economy and Public Finance. For this purpose, the Ministry will inform the public entity that owns the identified building, the technical report and the transfer requirement.
II. The deadline of fifteen (15) working days for the subscription of the minute of transfer and delivery of the goods
is established, in favor of the Ministry of Economy and Public Finance, term that will be borne from the communication set in the preceding paragraph.
ARTICLE 6. (ASSETS OF AUTONOMOUS TERRITORIAL ENTITIES).
As set forth in Articles 262 and 298, Paragraph I numerals 4, 5, 10, and 11, of the State Political Constitution, and for compliance with this Law, the transfer of real estate from the Autonomous Territorial Entities, in favor of the Ministry of Economy and Public Finance, will be held free of charge, applying the current regulations.
II. As long as the transfer is provided in the preceding paragraph, the Autonomous Territorial Entities holders of
the goods subject to transfer, to through their respective instances and the respective procedure, they are empowered to grant the temporary right of use of public domain goods in their capacity, in favor of the Ministry of Economy and Public Finance.
ARTICLE 7. (RECOGNITION OF OWNER ' S RIGHT IN RURAL AND URBAN AREAS).
I. Exceptionally and in accordance with Articles 262 and 298, Paragraph I numerals 4, 5, 10 and 11, of the
Political Constitution of the State, for the purposes of this Law, the National Institute of Agrarian Reform? INRA will be able to recognize the right owner in fiscal lands, in favor of the Ministry of Economy and Public Finance. To this effect, this State portfolio will present its application accompanied by georeferenced plane and technical justification.
For this purpose, this procedure is excepted from the provisions of the Final Disposal Tenth of Law No.
3545 of November 28, 2006.
II. In the case of legal holders, pursuant to Law No 1715 of 18 October 1996, as amended by Law No 3545 of 28 November 2006, the Ministry of Economy and Public Finance will recognize the improvements made in the the building, subject to the provisions of the previous paragraph.
III. Exceptionally in the urban area and in accordance with Articles 262 and 298, Paragraph I numerals 4,
5, 10 and 11 of the Constitution State policy, for purposes of this Law, in land that does not have owners The Ministry of Economy and Public Finance will comply with the request and the geographical location before the Civil and Commercial Judge, who will instruct the Registry of Real Rights, issue certification in the period of ten (10) working days, whether or not the owner's right is constituted on the immovable property, such certification shall constitute a sufficient document for the Judge to issue the Resolution within ten (10) working days, with the registration of the immovable property in the name of the Ministry of Economy and Finance Public.
IV. In the case of beneficiary holders defined according to Law No. 247 of June 5, 2012, who do not credit
owner's right in urban premises, the Ministry of Economy and Public Finance will recognize improvements made to the building, subject to the provisions of the previous paragraph.
ARTICLE 8. compliance with this Law, the Ministry of Economy and
Public Finance will allocate resources from the General Treasury of the Nation-TGN, according to financial availability.
ONLY. In the expropriation procedures carried out by the Ministry of Economy and Public Finance,
once the compensation has been made and in case of resistance to the delivery of the property expropriated by the owners and/or Third, the said State portfolio may require the assistance of the public force.
ABROGATORY AND REPEAL PROVISION
. 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, to the six days of the month of June of the year
two thousand fifteen.
Fdo. Álvaro García Linera, Ruben Medinaceli Ortiz, Nelly Lenz Roso
Therefore, it was enacted so that it has and will comply as the Law of the Plurinational State of Bolivia.
Palace of Government of the city of La Paz, at the eighteen days of the month of June of the year two thousand fifteen.
FDO. EVO MORALES AYMA, Juan Ramon Quintana Taborga, Luis Alberto Arce Catacora, Nemesia Acacollo