160 OF 1994
Official Journal No. 41,479 of 5 August 1994
For which the National System of Agrarian Reform and Rural Development is created, a subsidy for land acquisition is established, the Colombian Institute of Agrarian Reform (Instituto Colombiano de la Reforma Agraria) is reformed href="ley_0160_1994_pr002.html#np1" > 1 > and other provisions are dictated.
THE CONGRESS OF COLOMBIA,
ARTICLE 1o. Inspired by the constitutional precept according to which it is the duty of the State to promote progressive access to land ownership of agricultural workers and other rural public services, with The aim of improving the income and quality of life of the peasant population, this Law is aimed at:
First. Promote and consolidate peace through mechanisms aimed at achieving social justice, participatory democracy and the welfare of the peasant population.
Second. Reform of the agrarian social structure by means of procedures aimed at eliminating and preventing the inequitable concentration of the rustic property or its anti-economic fractionation and to provide land for the peasant men and women of scarce These resources are more than 16 years of age that do not possess it, the small-funders, peasant women heads of household, the indigenous communities, and the beneficiaries of the special programs established by the National Government.
Third. Support the rural men and women of scarce resources in the processes of land acquisition promoted by themselves, through credit and direct subsidies.
Fourth. Raise the living standards of the peasant population, generate productive employment in the countryside, and ensure the coordination and cooperation of the various entities of the State, especially those that make up the National System of Agrarian Reform and Development. Rural Peasant, for the integral development of the respective programs.
Fifth. To promote the proper exploitation and social use of water and rural lands suitable for the silvooragricultural exploitation, and of the uneducated, idle or poorly exploited lands, through programs that provide their distribution and its rational use.
Sixth. Increase the overall volume of agricultural, livestock, forestry and aquaculture production, in harmony with the development of the other economic sectors; increase the productivity of the farms and the efficient marketing of the products Agriculture and land use in the manner best suited to its location and characteristics.
Seventh. Promote, support and coordinate the economic, social and cultural improvement of the rural population and encourage the participation of peasant organizations in the integral process of Agrarian Reform and Rural Peasant Development to achieve their strengthening.
Eighth. Guarantee to the peasant and indigenous woman the conditions and opportunities for equitable participation in the plans, programs and projects of agricultural development, fostering the necessary consultation to achieve the well-being and effective linkage the development of the peasant economy.
Ninth. Regulate the occupation and use of the lands of the Nation, giving preference in its award to the peasants of scarce resources, and establishing Peasant Reserve Zones for the promotion of small rural property, subject to policies for the conservation of the environment and renewable natural resources and the criteria for territorial and rural property management that are identified.
PARAGRAFO. The purposes that this article lists will serve as a guide for the regulation, interpretation and execution of this Law.
The provisions of this Law, and in general the rules that are dictated in agricultural matters, shall have an immediate general effect in accordance with the provisions of Law 153 of 1887, except for the express provisions to the contrary.
OF THE NATIONAL AGRARIAN REFORM AND RURAL DEVELOPMENT SYSTEM
ARTICLE 2o. Create the National System of Agrarian Reform and Rural Rural Development, as a mandatory mechanism for planning, coordinating, implementing and evaluating activities aimed at providing the services related to the development of the peasant economy and to promote the progressive access to land ownership of agricultural workers, in order to improve the income and quality of life of scarce peasant men and women resources.
The National System of Agrarian Reform and Rural Development of Campesino and the National Agricultural Credit System are part of the National System of Agricultural and Agricultural Credit. Peasant organizations. The bodies involved in the system must act in accordance with government policies.
The government will regulate the organization and operation of the National System of Agrarian Reform and Peasant Rural Development.
ARTICLE 3o. These are activities of the National System of Agrarian Reform and Rural Development, the acquisition and award of land for the purposes provided for in this Law and those aimed at contributing or improving their exploitation, organizing rural communities, providing basic social services and physical infrastructure, credit, crop diversification, land adaptation, security, social, technology transfer, marketing, management business and job training.
The National System of Agricultural Technology Transfer (BRAZIL) will participate with the National System of Agrarian Reform and Rural Development in the process of technological advice to the peasants of scarce resources involved in the programs that you are adopting.
ARTICLE 4. The different organizations that make up the System will be grouped into six subsystems, with their own responsibilities and objectives, duly coordinated with each other. The planning of the system's agencies should consider the specific needs and interests of peasant women.
Such subsystems are:
(a) The acquisition and award of land, whose exclusive executor will be the Colombian Institute of Agrarian Reform<1 >. The territorial entities will also be able to participate in the co-financing with INCORA<1 > in the purchase of land in favor of those who are subject of agrarian reform, provided that they conform to the policies, criteria and priorities to be pointed out by the Ministry of Agriculture, the National Council on Agrarian Reform and Rural Peasant Development and the Board of Directors of the Institute<1 >;
b) Peasant and indigenous organization and training, coordinated by the Viceministerium of Rural Peasant Development and integrated by INCORA<1 >, the SENA, the School of Management Public-ESAP- and the National Rehabilitation Plan-PNR. For the purposes of article 43 of this Law, it may be contracted with peasant organizations or private entities of recognized suitability and prior acceptance of the beneficiary communities, the programs of support for rural business management;
c) Basic social services, physical infrastructure, rural housing, land adequacy and social security, coordinated by the Cofinancing Fund, for Rural Investment, DRI<1 > e integrated by the National Institute of Land Adequation, INAT<1 >, the Ministries of Transport, Public Health and Education, the territorial entities, the Fund for Investment for Investment Social, FIS, the Financial Society of Territorial Development S.A., Findeter, the Solidarity and Social Emergency Fund and non-governmental entities recognized by the Government to provide this class of services;
d) Research, technical assistance, technology transfer and crop diversification, coordinated by the Colombian Agricultural Research Corporation (CORPOICA), and made up of the Colombian Agricultural Institute-ICA, the Technical Assistance and Agricultural Research Corporations, UMATAS and private entities recognized by the Government to develop these activities;
e) Marketing, collection, packaging, processing and agroindustrial promotion, coordinated by the IDEMA and integrated by the Ministry of Foreign Trade, the Rural Investment Co-financing Fund DRI< 1 >, the Cooperatives of beneficiaries of agrarian reform and other associative forms peasant, the Central of Abastos and the Popular Financial Corporation. The activities of the agencies that make up this subsystem will take into account the policies and strategies of special protection of the State to the production of food and the adaptation of the agricultural sector to the internationalization of the economy, on the basis of equity, reciprocity and national convenience, in order to prevent unfair competition to the agricultural production of INCORA beneficiaries<1 >, according to the purposes and principles of law 101 of 1993;
f) Financing, coordinated by FINAGRO and integrated by the Agrarian, Industrial and Mining Credit Fund, financial intermediaries, banks and credit unions that carry out rediscounting operations and allocate resources for the financing of the objectives set out in the System.
PARAGRAFO 1o. In the development of the plans, programs and activities of the subsystems referred to in this article, the Government will guarantee the participation and consultation of the peasant organizations.
PARAGRAFO 2o. For all the legal effects that occur within the concept of the agricultural sector, agricultural, livestock, fishing and aquaculture activities are included.
ARTICLE 5o. 26 of the 2003 Decree 1300 >
ARTICLE 6o. In order to achieve effective results in the implementation of the Agrarian Reform and Rural Development programs, the public agencies that make up the System will have to incorporate into the (a) the budget of the budget of the European Parliament and of the Council.
Before the date of registration of the projects in the National Investment Projects Bank of the National Department of Planning, which must be previously evaluated socially, technically and economically by the Ministry of Agriculture to determine its viability and preselection, INCORA<1 > will send to the entities and agencies that make up the System the programs of Agrarian Reform that it will advance, in which it determine the participation that corresponds to each of those in the activities complementary to these programmes.
The National Council for Economic and Social Policy (CONPESA) will approve each year the draft budget of the entities responsible for the implementation of those activities when they are effectively allocating resources for this purpose.
PARAGRAFO. In the general budget of the Nation, the projects of each of the entities that are part of the National System of Agrarian Reform and Rural Rural Development will have to be explicitly stated in accordance with the Article 346 of the Political Constitution.
ARTICLE 7o. The implementation of the programs and projects of complementary investment by the entities of the National System of Agrarian Reform and Rural Rural Development will be mandatory.
ARTICLE 8o. 137 of Law 812 of 2003 >
ARTICLE 9o. Article 11 of Decree 2132 of 1992 will be as follows:
Object. The Fund for Rural Investment will be the exclusive object of co-financing the implementation of programs and investment projects for rural areas in general, especially in the areas of peasant economy and small-town areas. of colonization and those of indigenous communities, which are presented by the respective territorial entities, in matters such as technical assistance, marketing including post-harvest, irrigation, rehabilitation and conservation projects watersheds and micro-basins, flood control, aquaculture, fishing, electrification, aqueducts, rural housing allowance, environmental sanitation, and roads when they are part of an integrated rural development project.
In accordance with the provisions of Article 72 of Law 101 of 1993, the competent national agencies or entities in the respective investment sector may participate in technical and financially in the implementation of the programmes and projects of the territorial entities that are the subject of co-financing when they are part of a municipal or departmental activity.
ARTICLE 10. The General Manager of the Colombian Agrarian Reform Institute<1 > will make an integral part of the National Agricultural and Agricultural Credit Commission. Higher Council of Land Adequation set out in Article 5o. of Law 16 of 1990 and article 9o. of Law 41 of 1993.
COLOMBIAN AGRARIAN REFORM INSTITUTE
ARTICLE 12. They are functions of the Colombian Institute of Agrarian Reform:
1. Coordinate, in accordance with the guidelines indicated by the Ministry of Agriculture, the activities to be carried out by the organizations and entities belonging to the National System of Agrarian Reform and Rural Peasant Development.
2. To bring forward a close interinstitutional relationship with the financing subsystem in order to support and facilitate access to credit by low-income farmers, beneficiaries of the Direct Allowance for the purchase of land.
3. Support the peasant men and women of scarce resources in the land acquisition processes that they promote through the mechanisms provided for in the number 5o., 6o. and 7o. of this article.
4. Administer the National Agrarian Fund.
5. Provide technical and legal advice to the beneficiaries in the land acquisition process, when they work through the modalities of voluntary negotiation, real estate services, and concertation meetings.
6. Establish support services for farmers and owners in the land acquisition processes that they promote, without prejudice to those provided by the rural real estate companies provided for in Chapter V of this Law.
7. To grant direct subsidies that allow the acquisition of land for peasant men and women with scarce resources that do not own it, to the small-fundists, to the beneficiaries of the special programs established by the National Government, to women (b) heads of household and those who are in a state of social and economic lack of protection due to violence, abandonment or widowhood and lack of their own or sufficient land, in accordance with the provisions of Chapter IV of this Law.
8. To determine the areas in which the programmes are to be implemented and to implement them in accordance with the respective procedures.
9. To carry out directly land acquisition programs through direct negotiation with the owners who are in the form provided for in Chapter VI of this Law, in order to redistribute them in favor of the peasant men and women. resources, small-fundists, indigenous communities, beneficiaries of special programs established by the National Government, inhabitants of regions affected by public calamities, peasant women heads of household, or alone for cause of violence, abandonment or widowhood and to relocate occupants of areas to be subjected to a special handling or ecological interest.
10. Order and advance the expropriation of the premises and improvements of private property, or those which form part of the patrimony of public law entities, when directly carrying out the procurement procedure provided for in Chapter VI of the Law.
11. Promote the action of public entities that provide training services, agricultural technical assistance, business, land, roads, public services, and other necessary to achieve rural rural development, such as strategy to transform the conditions of production of the peasants.
12. Implement rural business management support programs for beneficiaries of this Law, in order to enable them to receive the services of the previous number.
13. To administer on behalf of the State the lands of the Nation and, in such virtue, to award them, to conclude contracts, to constitute reserves and to advance in them programs of colonization, in accordance with the legal norms in force and the regulations that issue the Board of Directors.
14. Exercise the actions and take the measures that correspond to the laws in cases of misappropriation of vacant land, or failure to comply with the conditions under which they were awarded, and to advance the proceedings and to issue the resolutions on, extinction of the right of private domain.
15. To clarify the situation of the lands from the point of view of their property, in order to identify those belonging to the State and to facilitate the sanitation of private property.
16. To delimit the lands of property of the Nation, of those of private individuals. It will also be able to advance procedures for the development of shelter lands and those belonging to the black communities, for the purposes provided for in article 48 of this Law.
17. Cooperate with the competent authorities in the surveillance, conservation and restoration of natural resources.
18. To study the needs of indigenous communities ' lands and to constitute, expand, sanitize and restructure the reserves for the benefit of the respective parties.
19. Co-finance with the territorial authorities programmes of national baldiums, when delegated to them that function in accordance with the provisions of this Law.
20. Authorize, in special cases to be regulated by the Board of Directors, the initiation of procedures for the acquisition of rural prediums invaded, occupied in fact or whose possession is disturbed by violence or when it has obtained the beneficial and definitive judicial judgment owner cannot execute the measures of launching or eviction of the invaders or occupants, or if the disturbances to the property in any form persist.
21. Authorize the award of land in favor of professionals and experts from the agricultural sciences who show that their income comes mainly from the activities of the respective profession. The Board of Directors shall determine by means of regulations the requirements and obligations of the beneficiaries, the conditions of payment and the arrangements for the award of the corresponding agricultural units.
The successful tenderers will only be entitled to a subsidy equivalent to 70% (70%) of which the farmers are granted when they are part of a parcel and are resident in it and are obliged to provide free technical assistance for five years. (5) years to the partners of the Cooperatives which are set up within the respective partnership. Where awards are not part of parcels in which small owners are involved, they shall not be entitled to a subsidy.
For the selection of the professionals or technicians, to be carried out by means of the skills competition that the Board of Directors rules, the Institute will request a list of registered national associations, giving preference for those who are linked to the location region of the pre-award object.
ARTICLE 13. The Colombian Institute of Agrarian Reform<1 > will be able to delegate to other bodies governed by public law, preferably in the agricultural sector, (a) the tasks assigned to it, where this would seem appropriate to ensure the best execution of its powers.
The delegation of the functions of the Institute requires the approval of the Board of Directors, with the favorable vote of the Minister of Agriculture. By virtue of the delegation of one of its functions to the Institute, the delegataria entity acquires the powers and powers conferred on it by this Law to INCORA<1 > and is subject to the requirements and formalities prescribed for the latter.
The functions related to the direct acquisition and the award of land will not be delegated, as well as the functions of advancing the agrarian procedures of extinction of the right of dominion, clarification of the property, recovery of baldiums unduly occupied and disowned from land. Whatever form is adopted for the delegation of functions, the Institute may reassume the delegated attribution at any time.
ARTICLE 14. 26 of Decree 1300, 2003 >
ARTICLE 15. 26 of Decree 1300, 2003 >
ARTICLE 16. The National Agrarian Fund is an integral part of the social investment that the State develops and makes it:
1. The resources of the budget that the Nation provides.
2. The property that holds any title to the date of validity of this Law.
3. The proceeds of the borrowings that the Government or the Institute<1 > engage with to the Fund or to the performance of the functions provided for in the law.
Borrowings directly contracted by the Institute<1 > will be guaranteed by the Nation.
4. The Agricultural Bonds that the National Government issues and gives to the Fund for the fulfilment of the purposes of this Law and those whose authorization is in progress at the date of entry into force of this Law.
5. The sums to be paid to the land which it has set up and the services it provides for remuneration.
6. The product of the recovery rates which it collects in accordance with the respective rules.
7. Donations or aid made to you by natural or legal persons, national or foreign, and international entities.
8. The rural prediums received by the Colombian Institute of Family Welfare for their own succession, as well as the vacant assets that the Law 75 of 1968 attributed to the Institute.
9. The properties that the<1 > Institute acquires to any title.
10. The resources that municipalities, districts, departments and other entities agree to allocate to co-finance programs of the Colombian Agrarian Reform Institute<1 >.
11. Rural real estate directly or indirectly linked to the execution of the crimes of drug trafficking and related, or that come from them, of illicit enrichment and the typified in article 6o. of Legislative Decree 1856 of 1989 when the judgment ordering its final confiscation is executed.
12. The financial returns from the administration of its resources.
PARAGRAFO. The resources of the National Agrarian Fund may be administered through trust companies.
ARTICLE 17. The National Government will allocate and appropriate sufficient resources, both in the National Development Plan, in the National Public Investment Plan and in the annual budget laws, for to advance the four-year agrarian reform programs developed by INCORA<1 >, for the purpose of the agrarian reform culminating in a period of not more than 16 years.
PARAGRAFO. With resources from the general budget of the Nation, the total value of the subsidies established by this Law will be financed.
ARTICLE 18. As of the validity of this Law, no less than 70% of the recoveries in the production credit portfolio granted by INCORA<1 > will be for the Agricultural Guarantee Fund, to support the credits granted to the beneficiaries of the land reform.
ARTICLE 19. The funds or assets that enter the National Agrarian Fund will be considered as the own patrimony of the Colombian Agrarian Reform Institute< 1 >, and its destination cannot be changed by the Government.
The Institute<1 > may transfer or donate part of its funds or assets in favour of other entities governed by public law, when it delegates to them any of the privileges conferred on it by the Law.
In case of liquidation, its assets will be transferred to the Ministry of Agriculture or other such official entity.
SUBSIDY, CREDIT, AND BENEFICIARIES
ARTICLE 20. COMPREHENSIVE AGRARIAN REFORM SUBSIDY. 101 of Law 1753 of 2015. The new text is as follows: > Set up a Comprehensive Agrarian Reform Allowance, from the Incoder budget<1 > or the entity that does its times, which may cover up to one hundred percent (100%) the value of the land and/or the financial requirements for the establishment of the agricultural production project, according to the socioeconomic conditions of the beneficiaries.
This subsidy will be equivalent to the value of the Family Agricultural Unit (UAF) and will be awarded for once to peasant families with scarce resources, according to the policies and criteria of planning, targeting, prioritization, (a) the requirement and qualification for the effect to be determined by the national government through the Ministry of Agriculture and Rural Development. Those who have been beneficiaries of the subsidy exclusively for the purchase of land, may be subject to this subsidy only for the amount intended to cover the financial requirements for the establishment of the productive project. Livestock.
The subsidy will be allocated in a focused way through free competition procedures in the areas of the country selected in the framework of comprehensive interventions to promote rural development, in accordance with the regulations that The effect of the national government.
When there are no rural areas with comprehensive interventions to promote rural development, or the allocation of the subsidy to them is not viable, the Ministry of Agriculture and Rural Development may focus its allocation. in other areas in accordance with the regulations issued by the Board of Directors of the Incoder<1 >. Resources for the comprehensive subsidy will be prioritized for the attention of pending applications which were viable in the previous term.
PARAGRAFO 1o. In the payment of the Comprehensive Allowance for land access and productive support in the formation of Basic Agricultural Enterprises, as well as the implicit in the direct acquisition of land, the Government National budget may be used for any form of payment against national budget resources.
PARAGRAFO 2o. Territorial entities, peasant organizations, non-profit entities, mutual associations, indigenous lobbyists, advisory councils of black communities, The authorities of the Rom people, agricultural associations and other bodies authorized by the regulation may submit applications for subsidies on behalf of the beneficiaries.
PARAGRAFO 3o. In the procedure for granting the subsidy, a topographical survey will be carried out as input for the determination of the commercial side. While implementing the rural land registry policy with a multi-purpose approach, there is evidence of a difference in areas when comparing the real estate registry and the topographic plan of the property to be acquired, prior to the preparation of the Incoder<1 > will warn the potential seller and the recipient of the subsidy.
In the event that the parties express their interest in continuing the negotiation despite the warning, the Incoder<1 > will authorize to continue the procedure as long as it exists express, unequivocal and written expression of the owner, only in cases where the area of the property entered in the real estate registration portfolio is lower than that established by the topographic survey.
In these cases, the commercial property to be developed will have as area of the property, the one established in the real estate registration portfolio.
PARAGRAFO 4o. The topographical survey to be carried out for the purposes of the application of the agrarian reform subsidy and other matters of institutional management in the field of land may be carried out directly by the Agustin Codazzi Geographic Institute (IGAC) or contracted with natural or legal persons legally qualified for this purpose.
ARTICLE 21. 26 of Law 1151 of 2007. View the new text in article 20>
ARTICLE 22. 160 of Law 1151 of 2007 > 26 of Law 812 of 2003. The new text is as follows: > The grant of the comprehensive subsidy will be effective provided that the productive project presents conditions of technical, economic and social viability that guarantee its competitiveness, equity and sustainability, conditions that will be evaluated and certified by the Incora or who does its times, and in accordance with the budget availability.
In order to guarantee the destination and efficiency of public investment, the beneficiaries of the subsidy will be required to enter into a contract of operation and operation in which their commitments and responsibilities are determined, for a period of not less than defined in the production project and in no case less than five (5) years. The breach of the contract will result in the immediate withdrawal of the subsidy and the loss of its property rights generated within the production project.
The amount of the comprehensive land purchase allowance may be one hundred percent of the value of the property.
ARTICLE 23. The National Agricultural Credit Commission will establish a special rediscount line for land purchase and production credits from the agrarian reform beneficiaries, whose margin of rediscount will be up to 100%, with periods of not less than twelve (12) years including grace periods not less than two (2) years and financial conditions adapted to the modalities of acquisition of lands regulated by this Law, at the rates of more favourable market interest.
Interest for grace periods may be capitalized and deferred during the payment period.
The production credits in their different phases, the acquisition and adaptation of lands requested by INCORA beneficiaries<1 >, may be supported by the Agricultural Fund of Warranties.
ARTICLE 24. They will be eligible as beneficiaries of the agrarian reform programs for peasant men and women who do not own land and who have a tradition in rural labor, who are in conditions of poverty and marginality or resulting from agricultural activity, the majority of its income.
Within the selection criteria to be established by the Board of Directors, preferential attention should be given to the situation in which the peasant women heads of household are located and those who are in a state of social and economic lack of protection. cause of violence, abandonment or widowhood and lack of own or sufficient land.
The Board of Directors will set the selection criteria, priorities and requirements that farmers must meet and will point out how the subsidy for the acquisition of rural buildings should be granted.
Property titles of the pregod acquired through the allowance must be made jointly on behalf of the spouses or permanent partners when there is a place.
ARTICLE 25. The beneficiaries of the agrarian reform programs must reinstate INCORA<1 > the subsidy, adjusted to its present value, in cases where enajene or leases the land acquired with the allowance within twelve (12) years following its granting without the express and inselectable authorization of the INCORA Board of Directors<1 >, or if establish that the property is not being adequately exploited by the peasant The trial of the Institute<1 >, or it will be checked that it incurred in falsehoods to credit the requirements as beneficiary of the agrarian reform. The authorization for the disposal can only be understood by those who have the status of agrarian reform subjects and in no case will the lease of the family agricultural unit be allowed.
In the deeds of acquisition of subsidized pregod by the State, this circumstance will be noted, as well as the obligation of the owner to directly advance its exploitation, and a resolutive condition of the subsidy must be established in favor of INCORA<1 > for the term of 12 years, when the events foreseen in the previous paragraph occur. The Board of Directors shall regulate the recovery of the amount awarded under the terms of the decision.
Who transfers ownership, possession or possession of the property acquired through subsidy, may not be again a beneficiary of the Agrarian Reform programs. The new acquirer or transferee shall be deemed to be in possession of bad faith and consequently there shall be no recognition of the improvements which he has made to the property.
The land subsidy provided for in this Chapter is not incompatible with other kinds of subsidies to be established in favor of low-income farmers.
PARAGRAFO. The Notaries and Registrar of Public Instruments, under the penalty of committing to the cause of misconduct punishable by dismissal, shall refrain from granting and registering public writings containing the transmission of the domain or possession of predates acquired with allowance in which the express and written authorization of INCORA<1 > is not protocoled to carry out the disposal, within the term provided for in this article.
Acts or contracts that are held in contravention of the provisions here are absolutely null.
ARTICLE 26. Established by the<1 > Institute that the applicant meets the required requirements and can therefore be a beneficiary of the allowance for the acquisition of a rural property, after the agreement of negotiation of the respective property between the peasants and the owner has been perfected, or the offer of purchase formulated by INCORA<1 >, or registered the judgment of expropriation and received it by the Institute <1 >, as the case may be, the certification shall be issued to enable the credit to be granted to the financial institution concerned.
VOLUNTARY LAND NEGOTIATION BETWEEN FARMERS AND OWNERS
ARTICLE 27. Farmers interested in land acquisition will advance individually or jointly and in coordination with INCORA regional offices< 1 >, or with the rural real estate companies referred to in Article 28 of this Law, the process aimed at obtaining a direct agreement of negotiation with the owners, observing the following rules:
1. Farmers who are interested in the acquisition of a given property, or of the rural buildings that are registered in the respective regional real estate registry of INCORA<1 >, or that have been offered for sale by legally constituted rural real estate companies, will inform the Institute<1 >, as the case may be, about their general characteristics and possible conditions of negotiation, or request from INCORA< 1 > the practice of the proceedings or the provision of the advice that is necessary to facilitate the voluntary negotiation process with the respective owners.
2. The Institute<1 >, taking into account regional priorities and budget availabilities, will verify if the farmers interested in the direct purchase of the land meet the requirements to be identified as beneficiaries of the award programmes, as well as those for the granting of the credit.
Set the condition of agrarian reform subjects, INCORA<1 > will then give notice of this to the respective owner, in order to express in an express way if found interested in negotiating his estate, according to the procedures and provisions laid down in this Law.
3. The officials of the Institute<1 > will practice a visit to the premises, in which the peasants interested in the negotiation will be able to participate, in order to establish their agricultural aptitude and to determine whether the land offered constitutes a Family Agricultural Unit, or what percentage of it represents.
4. If the concept is favorable, the owner will be asked for documents related to the building's tradition, as well as the additional information needed to determine if the property meets the requirements set by the Institute< 1 >.
5. If the requirements, requirements and procedure laid down in this Article have been met and a negotiation agreement has been reached between the farmers concerned and the owners, they shall sign and formalise the documents. relating to the sale of rural buildings, in accordance with the provisions in force.
ARTICLE 28. INCORA<1 > will establish support services for farmers and landowners in the land acquisition processes that they promote, for facilitate their disposal in compliance with the agricultural reform programmes. In such a virtue, the owners will be able to apply for registration in the regional offices of the Institute<1 > of the premises that they offer voluntarily and will proceed in the form indicated in the article prior to determining their fitness and general conditions of sale.
The Institute<1 > will make known to the peasants registered in the Regionals the prediums that are offered for sale by the individuals, as well as the proposed conditions of negotiation.
Legally constituted rural real estate companies will be able to offer to the peasants or to the Institute<1 > the prediums they have received for this purpose by their owners, the which must comply with the minimum requirements or requirements laid down by that person, for which they must attach the guarantee made by natural or legal persons legally entitled to do so, together with the documents which credit the property and others that are relevant. The disposal proposal does not require the Institute<1 > in front of the real estate company or any interested third party.
ARTICLE 29. The Institute<1 > will convene concertation meetings in which the peasants interested in the acquisition of land and the owners of the corresponding premises.
In these meetings, the different proposals for the sale and purchase of the region's premises and the general conditions for its negotiation will be analyzed. The record of the entire treaty will be recorded in minutes, which will be considered as sales offers made by the owners, as well as the purchase interest of the peasants.
ARTICLE 30. If, as a result of the meetings that the previous article deals with, the interested parties agree to any negotiations, they will proceed to formalize it through the subscription of the documents provided for for the sale of rural buildings.
If in the previous process the land is not managed, the minutes of the meeting where the disagreement is recorded will be forwarded to the Board of Directors to give a concept of the need to convene other concertation sessions, where the They propose new alternatives for the negotiation of the premises.
If the disagreement over the terms of the respective real estate were to persist, the Institute<1 > will assess the necessity and necessity of the acquisition and proceed to negotiate the if deemed necessary.
ACQUISITION OF LAND BY THE INCORA<1 >
ARTICLE 31. 27 of Law 1151 of 2007. The new text is as follows: > The Colombian Institute for Rural Development, Incoder<1 >, will be able to acquire through direct negotiation or decree the expropriation of land, rural improvements and easements of private property or which make part of the patrimony of entities governed by public law, in order to comply with the aims of social interest and public utility defined in this law, only in the following cases:
(a) For indigenous, Afro-Colombian and other ethnic minorities that do not own them, or where the area where they are established is insufficient;
b) to give land to the rural inhabitants of regions affected by surviving natural public calamities;
c) To benefit the farmers, persons or entities in respect of which the National Government establishes special programs for the provision of land or special management zones or that are of ecological interest.
PARAGRAFO. When it comes to the direct negotiation of pregod for the purposes foreseen in this article, as well as its eventual expropriation, the Incoder<1 > will be subject to the procedure laid down in this law.
ARTICLE 32. In the case of the programs provided for in the previous article, for the acquisition of the respective premises the Institute<1 > will be subject to the following procedure:
1. Based on the annual programming, the Institute<1 > will practice the steps it deems necessary for the identification, fitness and assessment of rural areas. corresponding.
2. The maximum price for negotiation shall be that set in the commercial guarantee that for this purpose is contracted with natural or legal persons legally authorized to do so, in accordance with the regulations that the National Government will issue for the purpose.
3. The INCORA<1 > will make purchase offer to the owners of the predio by trade that will be personally delivered, or in its defect will be sent by registered mail to the address that appears registered in the case or in the telephone directory. If the offer cannot be communicated in the form provided for, it shall be given to any person who has been in the premises, and shall be officiated at the Mayor's office of the place of location of the building, by telegram containing the essential elements of the offer. to be affixed in a visible place to the public for five (5) days, counted from its receipt, with which the notice shall be perfected and shall have effects on other holders of the real rights constituted on the premises.
The purchase offer must be entered in the Register of Public Instruments of the corresponding Circle within five (5) days after the date of the communication.
4. The owner has a term of ten (10) days, counted from the date on which the communication is perfected, to accept or reject it. Within the same term, it may, for a single time, object to a serious error or where it has been issued in advance of more than one year. Objections to the initial assessment, or the updating thereof, shall be carried out by experts other than those who have previously intervened.
5. If there is agreement on the offer of purchase, a contract of promise of sale shall be concluded, which shall be refined by public deed in a term not exceeding two months, counted from the date of its award.
It is understood that the owner gives up the direct negotiation and rejects the offer of purchase when he does not express his express acceptance within the intended term to answer it. The offer is also understood to be rejected when its acceptance is conditional, unless INCORA<1 > considers the counter-proposal of negotiation to be binding, or the owner does not subscribe to the promise of purchase and/or write-up that perfects the disposal within the specified time limits.
6. Exhausted the stage of direct negotiation as referred to in the previous paragraph, by means of a reasoned resolution the General Manager of the Institute<1 > will order to advance the expropriation of the property and of the other actual duties constituted on him, in accordance with the friction laid down in Chapter VII.
PARAGRAFO 1o. Financial entities will be required to give INCORA<1 > the first option to purchase the rural prediums they have received or receive in the form of payment for the settlement of mortgage loans, or which they have acquired through a court judgment.
INCORA<1 > will have two (2) months to exercise the privileged right to acquire them, due to which the financial institution will be free to dispose of them. Acts or contracts that are concluded in violation of the provisions of this standard shall be absolutely void, and the Notaries and Registrar of Public Instruments shall not grant and register public writings containing the transmission of the domain to third parties, as long as the express and written authorization of INCORA<1 >, in cases of withdrawal, or the sworn statement of the legal representative of the intermediary is not protocoled the financial contribution of a decision within the intended term, when There was a positive administrative silence.
PARAGRAFO 2o. In the land acquisition procedures provided for in this Chapter, owners may apply for the exercise of the right of exclusion for up to two (2) Family Agricultural Units, when the purchase offer from the Institute<1 > comprises the entire predium and its extension will exceed that area. The excluded area shall be determined by INCORA<1 > in such a way as to preserve the physical unit of the lot and, as far as possible, be integrated with exploitable lands of equal quality and conditions to which correspond to the<1 > Institute on the part it acquires.
The right of exclusion will be exercised only once and expressly within the term that the owner has to answer the offer of purchase of the property. There shall be no place for the right of exclusion where the owner rejects the offer of purchase, unless the claim of expropriation is sought.
EXPROPRIATION-CAUSES AND PROCEDURE
ARTICLE 33. If the owner does not expressly accept the offer of purchase or is presumed to be rejected in accordance with the provisions of this Law, the direct negotiation procedure shall be deemed to be exhausted. advance the procedures for expropriation, as follows:
1. The General Manager of the Institute<1 >, by means of a reasoned resolution, will order to advance the expropriation of the property and the other real rights constituted on it.
This resolution shall be notified in the manner provided for in Articles 44 to 48 of the Administrative Contentious Code. Against the providence that orders the expropriation, only the replacement resource will proceed, which must be filed within 5 working days following the notification. After a month without the Institute<1 > having resolved the appeal, or will present demand for expropriation, the replacement will be understood, the act appealed will be executed and, in Consequently, no statement on the subject matter of the appeal will be delivered.
The legality of the act that orders to advance the expropriation within the process that is processed according to the procedure established by this Law may be challenged.
2. The expropriation resolution will be executed within two (2) months of the Institute<1 > will present the corresponding complaint to the Administrative Tribunal that exercises jurisdiction in the territory where the property is located.
If the Institute<1 > does not file the claim within two (2) months of the execution of the expropriation resolution, the action will lapse.
The application must be accompanied, in addition to the annexes provided for by the law, to the resolution of expropriation and its constances of notification; the commercial endorsement of the predium and authentic copy of the documents proving to have been dispensed direct negotiation procedure.
When the expropriation of the portion of a property is demanded, the demand must be accompanied by the description for its borders and the place of the part of the building to be expropriated, and a plan drawn up by the Institute< 1 > of the largest extension balloon, within which the portion affected by the expropriation decree is required.
In other words, the demand must meet the requirements set in Articles 75 to 79, 81 and 451 of the Civil Procedure Code.
3. In the case of the application, the Court will decide definitively on the jurisdiction of the proceedings and if it warns that it is not competent to reject the application and order the return of the annexes without the need for a breakdown.
At the same time, the Court will examine whether any of the circumstances in which the number of cases are dealt with will be examined by the Court. and 9o. of Article 97 of the Code of Civil Procedure, and if I find any established, proceed as follows:
a) In the events foreseen by the 6o numerals. and 7o. Article 97 of the Code of Civil Procedure, shall indicate the missing evidence on the quality of the cited or cited, or the defects in which the claim is affected, in order for the applicant to contribute or subsane, as the case may be, within 5 days, and if you do not reject it and order the return of the annexes without the need for a breakdown;
b) In the case foreseen by the number 9o. of Article 97 of the Code of Civil Procedure, the procedure laid down in Article 83 of the same code shall be followed, without prejudice to application to the expropriation procedure of the provisions of Article 401 of the said procedural statute.
Against the self-order of the application or against which the inadmissible or reject will proceed only the remedy of replacement.
4. The application shall be notified to the defendants determined and known by the procedure laid down in paragraph 2. of Article 452 of the Code of Civil Procedure.
To notify indeterminate third parties that are created with the right to the property subject of the expropriation, in the self-order of the demand will be ordered its placement by edict that will be published once in a wide journal circulation in the region where the good is located, so that they may be compared to the process at the latest within ten (10) days of publication, after which the location of the persons indeterminate to the who will be appointed as the curator ad litem, who will exercise the position until the completion of the process, forcible acceptance.
The edict must express, in addition to the fact of the expropriation demanded by the Institute<1 >, the identification of the good, the appeal of those who are created with the right to participate in the process and the time to do so. The edict shall be fixed for the term of five days in a visible place of the secretariat of the same Court.
Persons who participate in the process under the site may propose the incidents of prior exception and challenge to this Law, within ten (10) days of the date on which they were set. The ones that are presented later, will take the process in the state in which they find it.
The claim will be transferred to the defendant for ten (10) days to propose the incidents of prior exception and challenge to this Act.
5. Without prejudice to the challenge of the number 8o. of this Article, in the process of expropriation, no prior or prior exception shall be admissible, except for the absence, incapacity or undue representation of the claimant or the defendant, which shall be proposed in writing separately within the term of the demand move and will be processed as an incident, in accordance with the procedure set forth by items 135 to 139 of the Code of Civil Procedure, except that the href="ley_0160_1994_pr002.html#np1" > 1 > when you reform the demand, subsane the defect, in which case the Court by order will terminate the incident and order the process to proceed without a new shipment.
It shall not be alleged as a causal of nullity the circumstances of which they treat numerals 1o., 2o., 6o., 7o. and 9o. Article 97 of the Code of Civil Procedure, if the defendant has not brought an action against the self-order of the application for replacement, in which the concurrency of the some of them. Nor can the facts constituting the previous exceptions referred to in the number 4 be invoked as grounds for nullity. and 5o. Article 97 of the same Code, if it has not been proposed on the occasion of the preceding paragraph. In any event, the Court must, before giving a judgment, remedy all the defects in the respective proceedings in order to prevent any nullity and to prevent the process from concluding with an inhibitory judgment.
In the event that the action of reimposition brought by the defendant against the self-order of the claim prospers, in respect of the settled case of the circumstances of the number of the number 6o, 7o. and 9o. Article 97 of the Code of Civil Procedure, the Court shall declare the application inadmissible and shall proceed as indicated in paragraph 2. from the numeral 8o. of this Article, and if the Institute<1 > subsates the defects within the intended term, it shall admit it by means of an order that is not susceptible to any recourse without a new transfer; in The opposite case will reject it
6. If the defendant is to break down to the expropriation within the time of the transfer of the claim, he may ask the Tribunal to authorize him to make use of the right of exclusion, in accordance with the rules of this Law. In such a case, the Court shall recognize the applicant for the right of exclusion on the portion of the advance indicated in the application and shall give a judgment in which he shall decree the expropriation of the rest of the property without the defendant being ordered to pay the costs.
7. The Institute<1 >, for reasons of aaward and urgency to ensure the satisfaction and prevalence of the public or social interest, after qualification by the Board of Directors, may to ask the Court to order the advance delivery to the Institute<1 > of the property whose expropriation is demanded, if I prove to have entered into the orders of the Court, in the Agricultural, Industrial and Mining Credit Fund, an equivalent sum 30% of the commercial value used in the direct trading stage, and accompany the claim for payment of the balance of the value of the good, in accordance with the same guarantee.
In the case of a property whose value does not exceed 500 monthly minimum wages, the Institute<1 > must credit the entry to the Court's orders of a sum equal to 100% of the value of the good, according to the havus practiced in the stage of direct negotiation.
Within the end of the transfer of the claim, the defendant may request the fixing of the time limits referred to in paragraph 2o. from numeral 14 of this article, unless the Institute<1 > has done so in demand.
8. Within the term of the transfer of the claim and by incident which shall be dealt with in the manner indicated by Chapter 1. of Title 11 of the Book 2. of the Code of Civil Procedure, the defendant may oppose the expropriation and challenge the legality, invoking against the resolution that the decree the action of nullity established by the article 84 of the Administrative Contentious Code. The document which proposes the incident shall contain the expression of what is contested, the facts or omissions which serve as the basis for the challenge, the indication of the rules violated and the clear and precise explanation of the concept of the violation.
The defects in the form of the contested act shall not be alleged to be a cause of nullity if they were not invoked in the application for the replacement of the order of expropriation in the gubernative way.
It will not be admissible and the Tribunal will reject the plan, the impeachment or the control of legality, of the reasons of convenience and opportunity of expropriation.
9. In the incident of impeachment the Tribunal will reject in limine any evidence that does not store, directly or unequivocally, to demonstrate the nullity of the resolution that decreed the expropriation, for violation of objective legality.
The probative term will be ten (10) days, if there is evidence to practice that they have not been provided with the writing of impeachment; it may only be extended by ten (10) days more for the practice of tests decreed on its own.
Testing that is practiced by commissioner will take precedence over any other diligence. The presiding judge who will dilate the practice of a test in an expropriation trial will incur a causal of misconduct that will be sanctioned with removal.
10. After the probative term, it will be ordered to give a common transfer for three days to the parties to make their written pleadings, at the end of which the process will enter the office for sentencing.
If you have not tested, the transfer to claim will be three (3) days, in which case the Judge substantiator will have ten (10) days, counted from the expiration of the transfer, to register the draft judgment.
11. The draft judgment that decides the challenge shall be recorded within ten (10) days of the expiry of the term of the parties to the proceedings. Precluido the term to register the project without the Judge substantiating it, and without prejudice to the disciplinary sanctions to which it has taken place, the process will pass to the next magistrate so that in the term of five (5) days record the draft statement.
12. On the basis of the draft judgment, the Court will have 20 (20) days to decide on the legality of the contested act and will give judgment.
If the challenge is to be decided favorably against the challenge, the Court will give judgment in which it will declare the nullity of the administrative act expropriatory, will abstain from deciding on the expropriation and will order the return and breakdown of all the documents of the Institute<1 > so that within the next twenty (20) days, restart the action from the occurrence of the facts or circumstances that would have been vitiated by the the legality of the administrative act which decreed the expropriation, if possible.
The Court, at the time of resolving the impeachment incident, will have to decide simultaneously on the previous exceptions that they deal with the 4o numerals. and 5o. of Article 97 of the Code of Civil Procedure, if they have been proposed. Preclulide the opportunity to attempt the incidents of prior exception and impeachment without the defendant having proposed any of them, or I shall measure his rejection, or have expired the term to decide, the Court shall give judgment, and if he orders the Expropriation, shall decree the provision of the provision and shall proceed in accordance with the provisions of Article 454 of the Code of Civil Procedure.
The judgment ordering the expropriation, once in law will produce effects "erga omnes" and the Tribunal will order its protocolization in a notary and its registration in the competent registry. It shall be a cause of misconduct by the Judge, or the magistrates of the Court and the Council of State, as the case may be, which shall be sanctioned by the dismissal, failure to comply with the preclusive terms laid down by the Court of Justice. The Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union,
In order for the terms established by this Law to be fulfilled in the expropriation and extinction processes of the uneducated land domain, the respective processes will be processed with absolute preference over any other process. The Court of Justice has ruled that the Court of Justice should not be able to argue that the Court of Justice is not in a position to argue that it is a matter for the Court of Justice.
13. The providences of the expropriation process are only susceptible to the use of replacement, with the exception of the judgment, of the order that denies the opening to the test or the practice of any that has been requested in a timely manner and of the order that resolve the settlement of convictions, which will be appealed to the State Council, without prejudice to the consultation on the matter of Article 184 of the Administrative Contentious Code.
The sentence that denies the expropriation or refrains from decretarla is appealable in the suspensory effect; the one that decrees, in the return.
The order that resolves the settlement of convictions shall be appable in the deferred effect, but the appellant may not request that he be granted in the return effect. The refusal of the opening to the proof of the practice of any that has been requested in due time will be appealable in the effect of the return.
Against the judgment that the expropriation process decides, the extraordinary review will not proceed.
14. In the judgment that resolves the incident of impeachment unfavorably to the claims of the impugant, invoked against the legality of the expropriation administrative act, the advance delivery of the property to the Institute< 1 > when the Institute has requested it and accredit it to the respective Tribunal, in the Agrarian, Industrial and Mining Credit Box, a sum equal to the last avaluo cadastral of the building more than 50% or has constituted insurance company policy for the same value, for to ensure payment of the compensation. The defendant shall not be eligible for the advance delivery of the building. Third-party oppositions shall be governed by the provisions of Article 456 of the Code of Civil Procedure.
The Tribunal may, at the request of the Institute<1 > or the defendant, or of holders or holders who summarily accredit their right at the time of the material delivery diligence of the good, the latter, for a single time, time limits for the collection of the outstanding harvests and the transfer of machinery, movable and semi-moving goods which are to be found in the fund, without prejudice to the early delivery due diligence.
15. The experts involved in the expropriation process shall be two designated within the list of property owners, drawn up by the respective Tribunal, whose members have accredited, for registration in the list In the case of a civil engineer, a cadastral, an agrologist or a geodesta, and at least five years of experience in the performance of rural real estate.
The experts will estimate the value of the expropriated thing, with a specific discrimination of the value of the land and the improvements made to the property, and separately determine the part of the compensation that corresponds to the different interested, in such a way that, in charge of the value of the expropriated property, they are compensated in the proportion corresponding to the holders of real rights, holders and holders to whom the law provides them with the right to compensation Remuneration for the reason of the expropriation.
The rules of Article 456 of the Code of Civil Procedure will be applied to the provision of the goods.
16. In order to determine the amount of the compensation, the Court shall take into account the value of the assets expropriated as equivalent to the remuneration of the defendant for all purposes.
17. If the Court refuses the expropriation, or the Council of State revokes the judgment which the decree, shall be ordered to put back the defendant in possession or possession of the goods, if this is possible, when the advance delivery of the goods has been effected and will condemn the Institute<1 > to pay all the damages caused, including the value of the works necessary to restore things to the state they had at the time of delivery, discounting the value of the necessary improvements introduced later.
In case the restitution of the goods is not possible, the Tribunal will declare to the Institute<1 > it is in "way of fact" and will condemn it in generating to the reparation of all the damages caused the defendant, including the emerging damages and the loss-making profit, calculated from the date on which the advance payment of the property was effected, ordered the defendant to surrender the security and the securities issued by the Institute< 1 > presented to order the delivery measure early. The liquidation of the damages in question shall be carried out before the same Court as it knew of the proceedings, in accordance with the procedure laid down in Chapter 2. of Title 14 of Book 2 of the Code of Civil Procedure, and will be paid as set forth by Articles 170 to 179 of the Administrative Dispute Code.
Agrarian Reform Beneficiaries who have received land delivered by INCORA<1 >, whose tradition in favor of the Institute<1 > could not perfect, they shall be held in good faith on the parcels which they have received and may acquire their domain of good faith, without regard to their superficial extension, in accordance with the procedures laid down in Decree 508 of 1974, after having exercised the possession for five (5) years in the terms and conditions provided for in Article 1. of Law 200 of 1936.
18. In the aspects not covered by this Law, the process of expropriation will be brought forward in accordance with the provisions of Title XXIV of the Book 3. and other rules of the Code of Civil Procedure; the rules of the Administrative Code of Administrative Code shall apply as far as the provisions of the Code of Civil Procedure are not provided for, as soon as they are compatible with the applicable procedure.
CONDITIONS AND PAYMENT FORMS
ARTICLE 34. The form of payment to the owners of the premises acquired by the peasants through the land acquisition modality provided for in Chapter V shall be as follows:
a) 50% of the value of the property in Agrarian Bonds;
b) The remaining 50% in cash.
The resources of the land credits to be granted to the acquiring farmers by the financial intermediaries shall be delivered by the latter directly to the owner within 30 days of the date of signature of the deed, and be computed as a partial or total payment of the sum to be recognised in cash. The remainder of the cash payment will be cancelled by INCORA<1 > from the land subsidy budget, in two counted, with maturities of six (6) and twelve (12) months, which will be counted from the date of payment of the initial spot.
50% of the Agrarian Bonds will be cancelled equally from the land allowance.
ARTICLE 35. The form of payment for rural buildings purchased through the land acquisition procedure set out in Chapter VI shall be as follows:
(a) 60% of the value of the collateral in Agrarian Bonds;
b) 40% of the value of the money in cash.
The amounts to be recognised in cash shall be paid as follows: A third of the total value, as an initial cash, within sixty (60) days following the signature of the deed, unless another form of payment has been determined on the occasion of the celebration by the Institute<1 > of a contract of fiduciary order or public fiducia for this purpose. The balance will be cancelled by INCORA<1 > in two (2) counted, with maturities of six (6) and twelve (12) months, which will be computed from the date of payment of the initial spot.
ARTICLE 36. The amount of compensation in the expropriation processes will be paid in full in Agrarian Bonds.
ARTICLE 37. The Agrarian Bonds are titles of Public Debt, with final maturity as follows:
(a) In the acquisitions provided for in Chapters V and VI, they shall have a final maturity of five (5) years;
(b) In the expropriations, they shall have a final maturity of six years.
Agricultural Bonds are partially redeemable in five (5) or six (6) annual maturities, equal and successive, as the case may be, the first of which will expire one year after the date of their issue, freely negotiable and on which (a) shall cause and pay a semi-annual interest not less than 80% of the rate of increase of the national DANE-certified consumer price index for each period.
PARAGRAFO 1o. 35-1 of the Tax Statute > The utility obtained by the disposal of the property shall not constitute taxable income or occasional gain for the owner. The interest payable by the Agrarian Bonds shall be exempt from income and supplementary taxes and such Bonds may be used for the payment of the above taxes.
PARAGRAFO 2o. The Government may reduce the time limits of the Agrarian Bonds issued for the payment of the premises, in the amount that the holder of the same is forced to invest in industrial or agro-industrial projects (a) the National Council of Economic and Social Policy, CONPES, or the National Council of Economic and Social Policy, or the National Council of Social Policy, or the National Council of Social and Economic Policy,
FAMILY FARM UNITS AND PARCELS
ARTICLE 38. The land whose acquisition is promoted and obtained by peasant men and women, or directly purchased by the Institute<1 > for Agrarian reform, will be used for the following purposes:
(a) Establish Family Agricultural Units, Community Enterprises, or any associative type of production.
b) For the constitution, extension, restructuring and sanitation of indigenous guards.
It is understood by Family Agricultural Unit (UAF), the basic company of agricultural, livestock, aquaculture or forestry production whose extension, according to the agro-ecological conditions of the area and with adequate technology, allows the family to pay their and to have a capitalizable surplus that contributes to the formation of its patrimony.
The UAF will not normally require to be exploited but the work of the owner and his family, without prejudice to the use of foreign labor, if the nature of the exploitation so requires.
The Board of Directors will indicate the methodological criteria for determining the Family Farm Unit by relatively homogeneous zones, and the mechanisms for evaluation, review and periodic adjustments when significant changes are made in the the conditions of the agricultural holding which affect it, and shall set the total maximum value of the UAF to be acquired by the provisions of this Law in legal monthly minimum wages.
To determine the value of the subsidy that can be granted, the size of the Family Farm Unit will be set at the predial level.
ARTICLE 39. Those who have acquired INCORA<1 > Family Agricultural Units prior to this Law, are subject to the of a parcelary property that is immediately expressed:
Because of the only fact of the award, they are obliged to be subject to the existing regulations on the use and protection of the renewable natural resources, as well as to the provisions on roads and easements of transit and waters that to the effect dictate the<1 >Institute.
Until when a period of fifteen (15) years, counted from the first award that was made on the respective plot, is met, they will not be able to transfer the right of dominion, their possession or possession but to peasants of scarce resources without land, or to mini-fundists. In this case, the successful tenderer must request the express authorization of INCORA<1 > to dispose, tax or lease the Family Agricultural Unit.
The Institute<1 > has a period of three (3) months, counted from the receipt of the request, to issue the corresponding authorization, after which, if not pronounced, (a) shall be understood as consenting to the successful tenderer's proposal. Without prejudice to the declaration of expiration of the award, the acts or contracts to be held in contravention of the provisions of this Agreement shall be absolutely void, and the Notaries and Registrars may not grant and register public <1 > or the INCORA authorization request<1 >, together with the sworn statement of the the successful tenderer, if a decision has not been notified within the intended term, when positive administrative silence has been mediated.
In cases of disposal of the property, divestiture of the possession or possession of a Family Agricultural Unit, the acquirer or transferee shall subrogate in all obligations contracted by the enajenante or transferor in favor of the Institute< 1 >.
Those who have acquired the domain over a plot whose first award has been made in a span of more than fifteen (15) years, must inform the Institute<1 > regarding any project to dispose of the building, so that it makes use of the first option to buy it within three (3) months after the date of receipt of the document containing the respective report. If INCORA1 > expressly rejects the option, or will be silent within the time limit set for taking it, the successful bidder will be free to dispose of the plot.
Notaries and Registrars will refrain from granting and registering public writings, which will transfer the domain of Family Agricultural Units in favor of third parties, in which it is not credited to have given INCORA< 1 > the option right, as well as the constancy or test of your express or tacit rejection.
ARTICLE 40. In the parcels that have already been established by INCORA<1 > until the entry into force of this Law, the following shall be observed: rules:
1. In the event of a reacquisition of a plot by the Institute<1 >, the price may not exceed in any case the commercial value that is practiced in accordance with the provisions of this Law.
As a general rule, repurchases made by the Institute<1 > may only be made in respect of parcels that have been awarded more than 15 years old, or when the parent company the entire land credit has been cancelled. Where the reacquisition takes place before the intended term, the balance of the land credit and those of the production credits granted or guaranteed by the Member State shall be discounted from the purchase price. Institute<1 >.
2. When the Institute<1 > is to reaward a plot, the transfer of the domain will be done in favor of the peasants who meet the conditions outlined by the Board of Directors, in the form and modalities established for the acquisition with credit and subsidy. If, within the registered peasants, there are female heads of household, priority will be given to the award of the Family Agricultural Unit.
3. The awards which have been made until the date of promulgation of this Law shall continue to be subject to the grounds of revocation for failure by the successful tenderers to comply with the provisions of this Statute. or the clauses contained in the adjudication resolution.
The expiration declaratory will entitle the Institute<1 > to demand the delivery of the parcel, according to the rules on mutual benefits established by the Board of Directors. An application for a replacement shall be brought against the decision declaring the expiry. The refund shall be brought forward in accordance with the procedure in force for the launch by occupation, in fact, after payment, entry or security of the value to be recognised as a place of birth.
4. In the event of the death of the successful tenderer who has not cancelled the<1 > Institute the entire purchase price, the judge who knows about the succession process shall adjudicate in common and prodiviviso. the domain over the property to the heirs, surviving spouse, partner or permanent partner who is entitled under the law.
For all purposes, the Family Farm Unit is considered to be a species that does not admit material division and acts that contravene this forecast will be null. In any case, the community will not be able to give up their rights without authorization from INCORA<1 >, according to the procedure established in this Law and the Institute< 1 > may choose to reacquire it if the commercial value of the property, with acceptance of all the heirs, is entered in order of the succession, before the judge of the case, who will award the plot to the Institute< 1 > and continue processing on the sum deposited.
5. In no case shall a single holder, by himself or person, exercise the domain, possession or possession of any title of more than one (1) Family Agricultural Unit. The violation of this prohibition is a cause for expiration.
Whoever transfers ownership of a parcel to any title may not request new award, nor be a beneficiary of other land-based programs of land reform.
A bad faith holder is presumed to have acquired a Family Farm Unit without the requirements of this Law and, consequently, there will be no recognition of the improvements he has made.
6. To calculate the initial cost of the Family Agricultural Units that have been constituted in the parcelation zones prior to the validity of this Law, INCORA<1 > will distribute the global price of acquisition on the whole of the acquired surface, taking into consideration the intrinsic value of the land and the useful and necessary improvements, taken into account at the time of the acquisition by the Institute< 1 >, as well as conditions that can determine a difference surface unit between the different plots of the predium that is split.
The sales price to the parcelary may not exceed that of its last acquisition by the Institute<1 >.
The overheads and the expenses of mensura and amojonation, whose rates will determine the Board of the Institute<1 >, as well as the costs of the improvements that need to be introduced in the plots for their education, they shall be added to INCORA's initial purchase price or acquisition value<1 >for the calculation of the value of the Family Agricultural Units that have been established in the parts of the area. The costs and expenses of the useful improvements expressly requested shall be borne by the parcelary, in which case they shall be imputed to the price of the acquisition of the respective parcel.
7. Buyers will cancel the value of the plot within 15 years for the cumulative amortization or capitalization systems, which will be established by the Board of the Institute<1 >, but the amount of the capital will not begin to be collected but from the third year.
However, the Institute<1 > may set amortisation periods of less than 15 years, or reduce them at the request of the beneficiary, according to the nature of the plot, the productive potential of the award and the payment capacity of the successful tenderer and his/her family:
The Board of Directors, with the approval of the government, may extend the repayment periods for the obligations in force when the conditions make it indispensable or to refinance the outstanding debts.
ARTICLE 41. In the executive or sales trials to be followed against those who have acquired the domain of a Family Farm Unit by award made by the Institute< 1 >, the latter will have the right to be awarded the plot at the price that points to the expert avaluum. If the Institute<1 > gives up, in any case the property awarded to another person will be subjected to the regime of the parcel property during the term that will be missing for the fulfillment of the fifteen (15) years.
In all civil processes affecting the Family Agricultural Units awarded by the Institute<1 >, the rights of the community enterprises or the social interests of its members, the INCORA<1 > may be part and the judges may not advance them without giving prior notice to the Institute<1 >, which will be recorded in the file.
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