law no 314
LAW OF DECEMBER 7, 2012
ALVARO GARCIA LINERA
PRESIDENT IN EXERCISE OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, it has The following Act:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
D E C R E T A:
ARTICLE 1. (OBJECT). This Law aims to declare of necessity and utility the expropriation of the pregod in favor of Yacimientos Petrolíferos Fiscales Bolivianos-YPFB, likewise the construction of the Ammonia Plants and Urea that will be located in the Locality of the Bulle of the Municipality of Entre Ríos of the Department of Cochabamba.
ARTICLE 2. (AUTHORIZATION). The Ministry of Hydrocarbons and Energy, the expropriation of the necessary areas within the identified premises, is authorized in favor of Yacimientos Petrolíferos Fiscales Bolivianos-YPFB, prior to the issuance of a technical-legal report of State Enterprise.
ARTICLE 3. (AREAS SUBJECT TO EXPROPRIATION). For compliance with the purpose of this Law, the areas included in the following premises shall be partially expropriated:
The Vaquita Property (Title Nº SPP-NAL-075185);
Villa San Jacinto (Title Nº SPP-NAL-075186);
Villa Felipe (Title Nº SPP-NAL-075189);
Finca Dona Cristina (Title Nº SPP-NAL-075190);
Property Of Paradise (Title Nº SPP-NAL-075191);
Property Heaven (Title Nº SPP-NAL-075192);
Santa Maria (Title Nº SPP-NAL-075230);
Rivas (Title Nº SPP-NAL-075231);
Property The Castle (Title Nº SPP-NAL-075232).
ARTICLE 4. (EXPROPRIATION PROCEDURE).
The expropriation will be subject to the following procedure:
Yacimientos Petrolíferos Fiscales Bolivianos? YPFB will determine the area needed to be expropriated under the previous article.
Yacimientos Petrolíferos Fiscales Bolivianos? YPFB, will carry out the negotiations and negotiations necessary for the establishment of the Justipricing of the expropriation, which must be concluded in signed minutes between this Company and those affected by the expropriation. Bolivian Tax Oil Fields? YPFB, will be responsible for referring to the Ministry of Hydrocarbons and Energy all the information necessary for the issuance of the Ministerial Resolution of expropriation.
The Ministry of Hydrocarbons and Energy, will issue a Ministerial Resolution to determine the expropriation in favor of Yacimientos Petroliferos Fiscales Bolivianos? YPFB, and the amount of the Justiprice, based on the technical and legal reports of Yacimientos Petrolíferos Fiscales Bolivianos? YPFB; as well as the minutes signed between this Company and those affected by the expropriation. In case of Yacimientos Petroliferos Fiscales Bolivianos? YPFB, will not be able to subscribe the respective minutes for the establishment of the Justiprice, this will be determined applying the value agreed with other owners affected by the expropriation.
The expropriation will be effective once the amount has been paid of the Justiprice charged by Yacimientos Petroliferos Fiscales Bolivianos? YPFB, with its own resources.
II. The Ministry of Hydrocarbons and Energy, should caution that the compensation amount of the Justiprice does not exceed the market value established by the Authority of Taxation and Social Control Forests and Lands? ABT, within the framework of its powers.
ARTICLE 5. (ENVIRONMENTAL PARTNER REGULATIONS). Prior to the issuance of the mobilization authorization to works for the construction of the Ammonia And Urea Plants, it must be met with the current environmental partner regulations.
FIRST. Yacimientos Petrolíferos Fiscales Bolivianos-YPFB, will transmit the documentation of the expropriation process to the National Institute of Agrarian Reform-INRA, for registration, updating and subsequent registration in Real Rights, in the framework of the current regulations.
SECOND. The planned expropriation procedure will only be applicable to the fulfillment of the object of this Law.
Remit to the Executive Body, for Constitutional purposes.
It is given in the Chamber of the Legislative Assembly Plurinational, at four days of the month of December of two thousand twelve years.
Fdo. Lilly Gabriela Montano Viana, Richard Cordel Ramirez, María Elena Méndez León, David Sánchez Heredia, Luis Alfaro Arias, Angel David Cortez Villegas.
Therefore, it is enacted so that it has and complies with the Law of the Plurinational State of Bolivia.
Palace of Government of the city of La Paz, seven days of the month of December of the year two thousand twelve.
FDO. ALVARO GARCIA LINERA, Juan Ramon Quintana Taborga, Juan Jose Hernando Sosa Soruco, Nemesia Achacollo Tola, Amanda Davila Torres.