Sets Standards For Common Goods From Alienation Of Land Reform


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Two or more holders of rights on a common good than those indicated above, or who represent 20% or more of the total thereof " , they may resort to letters of judge who is competent to request is acknowledged to the rest of the villagers to a subpoena, to object that is given on the alienation of the same.
The request must indicate whether the disposition proposed is against payment or free of charge. If it is a consideration, must declare the name of the offeror, price, form of payment and other conditions of alienation.
Disposals free of charge only may propose for the purpose of direct benefit to the community that dwells in the locality where the property is located, or to solve social problems in it. Donation may only be made to the Treasury, municipalities, churches, community organizations formed in accordance with the law that governs and non-profit entities. The grantee, the period of five years from the date of the deed of donation, may not perform any act that import alienation or encumbrance of the property donated or allowing their enjoyment, possession or use by other natural or legal persons.
The request should be accompanied by a certificate of the agricultural and livestock service attesting to the existence of the common good, the roster of the original assigns rights over said, with an indication of the percentage of their rights; the number of the plot that were assigned such rights and registration of domain of the assignment on behalf of the assignee of original, if there is such history. The agricultural and livestock service attached to your certificate a list issued by the service of treasuries, which record the name of those listed as current owners of plots with rights over the common good to sell.
If two or more proposals with respect to a same common good proceedings, all of them must be given in the citation. However, the subpoena can be heard and also dealt with other propositions;
b) the judge will be mentioned to subpoena for day and time certain, in first and second summons, the current owners of the plots which are indicated in the certificate of the agricultural and livestock service, and where, in the list of the Treasury service, taking as reference the name of the original assignee. The notification shall be effected by two notices in the newspaper or periodical to determine the Court, which shall be published, one day 1 ° and the other the 15th day of the month. If the newspaper that determined by the Court do not edit in the appointed days, the publication will be made in the most immediate to those dates issue.
In addition, the Court will order that posters are set for fifteen days in public places which determine, and delivered a card to any adult person who is into the abode that exists in the corresponding plot, and, if this is not possible, fix it somewhere visible in the common good, whose alienation is proposed. Judge may also order that the placement of posters and the delivery of the aforementioned card practised by officials of the Institute for agricultural development, who your Director has conferred the quality of receiver.
In announcements, posters and cards must indicate the purpose of the citation and noted that the notification is done under penalty of presumed right that non-appearance implies a tacit and irrevocable acceptance to proceed with the disposition of the property, under conditions to be agreed for this. From the date of the last notification to the celebration of the subpoena, should spend a period not less than thirty nor more than forty-five working days.
The omission in the fixing of notices, placarding or delivery of the certificates mentioned in preceding paragraphs, will entail the nullity of notification.
The second citation means made, without notification, to the day and time indicated the resolution in the event that, in the subpoena of the first citation, not meet the comuneros quorum to adopt agreements. Between the first and second citation must mediate a term not less than ten nor more than fifteen working days. On first citation, they are validly to alienate the community members representing not less than 51% of the rights in the Commons. Second summons, they are validly to alienate the community members who are;
(c) the quorum to agree on the disposition will be the number of community members representing at least 51% of the rights in the community. In the subpoena, the comuneros who attend and are not original assigns, must prove, through instruments, duly registered in the conservative real estate, their rights in the community, unless they are listed on the Treasury referred to in the fourth paragraph of the letter a). In case of disagreement between this list and the concerned public instruments, it will be to the latter;
d) order disposal, shall be an Act, in which shall be recorded the conditions that shall be the alienation and the adopted agreement. This Act shall be signed by the judge and the villagers who are or the farmer to choose the participants representing the majority who agreed to the transfer.
The judge will sign the public deed of alienation in representation of the totality of the Communards, identifying everyone who attended to the subpoena and the absent, by the name of the original recipient, being understood that this last identification also includes current owners who derived the domain of these. Individualization shall comprise, in addition, the indication of the number of the plot which was assigned the rights in the common good.
At this writing the transcription of the minutes of the subpoena in which alienation; it has agreed will be inserted
(e) if the disposal for valuable consideration, the judge shall receive the price on behalf of the community and distribute it among the community members in proportion to their rights.
Price shares not withdrawn by the community members within a period of three years, from the date of the deed of alienation, will pass to the domain of the State Treasury, without further formality and without further recourse;
(f) if it has agreed to carry out disposal gratuitously with the opposition of one or more community members, the judge will have the common good to be assessed by an expert and, on the basis of his report, will assess the rights of residents who are opposed to the donation. In such a case and prior to disposal, the donor or grantee must deposit the value of the rights of the opponents in the current account of the Court within sixty days of the disposal agreement, expired which, if this has not been made, shall be without effect the agreement's disposal free of charge. To the withdrawal of the respective fees shall apply the provisions of the second paragraph of the letter.
Carried out the allocation of the total value of the rights of the or of the opponents, the judge will proceed to sign the respective deed of alienation, in the manner provided in the second paragraph of the letter d) precedent.