Law 314

Original Language Title: Ley 314

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/141558

Law No. 314 law of 7 December 2012 ALVARO GARCIA LINERA President in exercise of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, D E C R E T A: article 1. (OBJECT). This law aims to declare the expropriation of the lands in favour of Yacimientos Petrolíferos Fiscales Bolivianos - YPFB, in the same way the construction of ammonia and Urea plants which will be located in the town of Bulo Bulo of the municipality of Entre Rios of the Cochabamba Department need and public utility.
ARTICLE 2. (AUTHORIZATION). Authorizes the Ministry of hydrocarbons and energy, the expropriation of areas that are necessary within the identified premises, in favor of Yacimientos Petrolíferos Fiscales Bolivianos - YPFB, prior issuance of a technical report of the State-owned company.
ARTICLE 3. (AREAS SUBJECT TO EXPROPRIATION). For the compliance of the object of the present law, is expropriated partially the areas covered in them following properties: property the Vaquita (title no. spp.-NAL-075185);
Villa San Jacinto (title no. SPP-NAL-075186);
Villa Felipe (title no. SPP-NAL-075189);
Finca Doña Cristina (title no. SPP-NAL-075190);
Property Paradise (title no. SPP-NAL-075191);
Property sky (title no. SPP-NAL-075192);
Santa Maria (title no. SPP-NAL-075230);
Rivas (title no. SPP-NAL-075231);
Property Castle (title no. SPP-NAL-075232).
ARTICLE 4. (EXPROPRIATION PROCEDURE).
The expropriation is subject to the following procedure: deposits oil tax Bolivian? YPFB, will determine the surface needed to be expropriated, in the framework of the preceding article.
Bolivian fiscal oilfields? YPFB, will carry out the negotiation and necessary steps for the establishment of the fair price of the expropriation, which must be completed in minutes signed between the company and those affected by the expropriation. Deposits oil tax Bolivian? YPFB, will be responsible for the Ministry of hydrocarbons and energy simply send the information necessary for the issuance of the Ministerial resolution of expropriation.
Does the Ministry of hydrocarbons and energy, issued a Ministerial resolution determined by the expropriation in favour of Yacimientos Petrolíferos Fiscales Bolivianos? YPFB, and the amount of the fair price, based on technical and legal reports of Yacimientos Petrolíferos Fiscales Bolivianos? YPFB; as well as the minutes signed between the company and those affected by the expropriation. If Yacimientos Petrolíferos Fiscales Bolivianos? YPFB, fails to sign the respective proceedings for the establishment of the fair price, this will be determined by applying the value agreed with other owners affected by the expropriation.
Will the expropriation be effective once paid the amount of the fair price in charge of Yacimientos Petrolíferos Fiscales Bolivianos? YPFB, with own resources.
II. the Ministry of hydrocarbons and energy, should be ensuring that the compensation amount from the fair price does not exceed the market value established by the authority of control and Social Control of forests and Lands? ABT, within the framework of its competences.
ARTICLE 5. (NORMATIVE SOCIAL AND ENVIRONMENTAL). Prior to the issuance of the authorization of mobilization at the works for the construction of the ammonia and Urea plants, existing environmental partner you must comply with the law.
FINAL PROVISIONS FIRST. Bolivian fiscal oilfields - YPFB, will send documentation of the process of expropriation to the National Institute of agrarian reform - INRA, for registration, update and entry in property rights, within the framework of existing legislation.
THE SECOND. The planned expropriation procedure, shall apply only to the fulfilment of the purpose of the present law.
Refer to the Executive Branch, for constitutional purposes.
It is given in the plurinational Legislative Assembly Hall, to the four days of the month of December of two thousand twelve years.
FDO. Lilly Gabriela MONTAÑO Viana, Richard Twine Ramirez, Maria Elena Mendez Leon, David Sánchez Heredia, Luis Alfaro Arias, Angel David Cortez Villegas.
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 December of the year two thousand twelve.
FDO. ALVARO GARCIA LINERA, Juan Ramón Quintana Taborga, Juan José Hernando Sosa Soruco, Nemesia Achacollo Tola, Amanda Davila Torres.