Law 160 of 1994
Official Gazette No. 41,479, of 5 August 1994
By which the National System of Agrarian Reform and Rural Development Campesino is created, a set allowance land acquisition, reforming the Colombian Institute of Agrarian reform and other provisions. Summary
THE CONGRESS OF COLOMBIA,
DECREES: CHAPTER I.
PURPOSE OF THE LAW ARTICLE 1o. Inspired by the constitutional precept that it is the duty of the State to promote the progressive access to land ownership of agricultural workers and other rural public services, in order to improve the income and quality of life of the rural population, this law is to:
First. Promote and consolidate peace, through mechanisms to achieve social justice, participatory democracy and welfare of the rural population.
Second. Reforming the agrarian social structure through procedures straightened to eliminate and prevent unequal concentration of land ownership or uneconomical fractionation and give land to men and rural women with limited additional resources of 16 who do not possess the minifundistas , rural women heads of households, indigenous communities and beneficiaries of special programs established by the National Government.
Third. Support men and poor women farmers in land acquisition processes promoted by themselves, through credit and direct subsidies.
Room. Raise the living standards of the rural population, generate productive employment in the field and ensure coordination and cooperation of various state agencies, especially those that make up the National System of Agrarian Reform and Rural Development Campesino, for the integral development of the respective programs.
Quinto. Encourage appropriate social exploitation and use of water and suitable for agricultural and forestry exploitation rural lands and uncultivated, unused or poorly exploited lands through programs that provide their orderly distribution and rational use.
Sixth. Accretion the overall volume of agricultural, livestock, forestry and aquaculture production in harmony with the development of other economic sectors; increase farm productivity and efficient marketing of agricultural products and to ensure that land and water are used in the manner best suited to its location and characteristics.
Seventh. Promote, support and coordinate the economic, social and cultural improvement of rural population and encourage the participation of peasant organizations in the whole process of Agrarian Reform and Rural Development Campesino to achieve its strengthening.
Eighth. Ensuring the rural and indigenous women conditions and opportunities for equitable sharing of plans, programs and agricultural development projects, fostering the cooperation necessary to achieve effective linking welfare and development of the rural economy.
Ninth. Regulate the occupancy and use of the badlands of the Nation, giving preference in the allocation to resource-poor farmers, and establish Peasant Reserve Areas for the promotion of small rural property, subject to the policies of environmental conservation and renewable natural resources and land management criteria and rural property that are indicated.
PARÁGRAFO. The aims that this article will guide lists the regulations, interpretation and implementation of this Act.
The provisions of this Act and general rules issued on agrarian matters, generally have immediate effect in accordance with provisions of Law 153 of 1887, except the express provisions to the contrary.
THE NATIONAL SYSTEM OF LAND REFORM AND RURAL DEVELOPMENT FARMER
. Create the National System of Agrarian Reform and Rural Development Campesino, as a mandatory mechanism for planning, coordination, implementation and evaluation of activities to provide services related to the development of the rural economy and promote progressive access to land ownership of agricultural workers, in order to improve the income and quality of life of men and women poor farmers.
Up the National System of Agrarian Reform and Rural Development Campesino official entities and the National Agricultural Credit System to conduct activities related to the objectives stated in the previous paragraph, and also peasant organizations. The members must reach system agencies in accordance with government policies.
The Government shall regulate the organization and functioning of the National System of Agrarian Reform and Rural Development Campesino.
ARTICLE 3. These activities of the National System of Agrarian Reform and Rural Development Campesino, acquisition and allocation of land for the purposes of this Act and designed to assist or improve their exploitation, organize rural communities, provide basic social services and physical infrastructure, credit , crop diversification, land suitability, security, social, technology transfer, marketing, business management and job training.
The National System of Agricultural Technology Transfer -SINTAP- participate with the National System of Agrarian Reform and Rural Development Campesino in the process of technological assistance to poor farmers involved in the programs it adopted.
ARTICLE 4. The various bodies that make up the system are grouped into six subsystems, with powers and objectives, properly coordinated. Planning system agencies should consider the specific needs and interests of rural women.
Such subsystems are:
a) acquisition and allocation of land, whose sole executor will be the Colombian Institute of Agrarian Reform. The local authorities may also participate in co-financing with INCORA in land purchases in favor of those who are subjects of agrarian reform, where policies, criteria and priorities that point the Ministry of Agriculture conform the National Council Reform agricultural and Rural Development Campesino and the Board of the Institute;
B) organization and peasant and indigenous training, coordinated by the Vice Ministry of Rural Development Campesino and integrated by INCORA, SENA, the School of Public Administration -ESAP- and the National Rehabilitation Plan -PNR. For the purposes of Article 43 of this Act may be contracted with farmers' organizations or private entities recognized qualifications and prior acceptance of the beneficiary communities, programs to support rural business management;
C) basic social services, physical infrastructure, rural housing, land improvement and social security, coordinated by the Co-financing Fund for Rural, DRI Investment and integrated by the National Institute for Land, INAT, the ministries of Transport, Public Health and Education, local authorities, the Co-financing Fund for Social Investment, FIS, Sociedad Financiera de Desarrollo territorial SA, Findeter, the Fund for Solidarity and Social Emergency and non-governmental organizations recognized by the Government providing such services;
D) research, technical assistance, technology transfer and diversification of crops, coordinated by the Colombian Corporation for Agricultural Research-CORPOICA, and formed by the Colombian Agricultural Institute -ICA, Corporations Technical Assistance and Agricultural Research, the UMATAS and private entities recognized by the Government to develop these activities;
E) marketing, storage, packaging, processing and agro-industrial promotion, coordinated by IDEMA and integrated by the Ministry of Foreign Trade, Co-financing Fund for Rural Investment DRI, cooperatives and other beneficiaries of agrarian reform forms peasant associations, the Central de Abastos and the People's Finance Corporation. The activities of the agencies that make up this subsystem shall take into account the policies and strategies of special state protection to food production and adaptation of the agricultural sector to the internationalization of the economy, on the basis of equality, reciprocity, and national convenience, object not present unfair competition to agricultural production INCORA beneficiaries, according to the purposes and principles of the law 101 of 1993;
F) funding, coordinated by FINAGRO and integrated by the Agricultural Credit, Industrial and Mining, financial intermediaries, banks and credit unions to conduct rediscount operations and allocate resources for financing the objectives set out in the system.
. Developing plans, programs and activities of the subsystems referred to in this article, the Government will ensure the participation and coordination of farmers' organizations. PARAGRAPH 2.
. For all legal that might arise within the concept of agricultural sector including aquaculture effects are agricultural, livestock, fisheries and.
The 5th ITEM. Effective Notes
ARTICLE 6o. In order to achieve effective results in the implementation of programs for Agrarian Reform and Rural Development Campesino, public bodies that make up the system must incorporate into the respective draft budget enough games to develop activities relating to them.
Prior to the date of registration of projects in the Bank National Investment Project of the National Planning Department, which must first be evaluated social, technical and economically by the Ministry of Agriculture to determine its feasibility and pre-selection, INCORA sent to the entities and agencies that make up the system programs that advance land reform, in which participation corresponding to each of those in the complementary activities of these programs will be determined.
The National Council for Economic and Social Policy CONPES approve each year the draft budgets of the entities responsible for the execution of those activities when effectively allocate resources for this purpose.
PARÁGRAFO. In the general budget of the Nation should be noted explicitly projects each of the entities that are part of the National System of Agrarian Reform and Rural Development Campesino, as provided in Article 346 of the Constitution.
ARTICLE 7. The implementation of programs and projects complementary investment by the entities of the National System of Agrarian Reform and Rural Development Campesino be mandatory.
Article 8. Effective Notes
Article 9. Article 11 of Decree 2132 of 1992 shall read as follows:
Object. The Co-financing Fund for Rural Investment's exclusive objective co-finance the implementation of programs and investment projects for rural areas in general and especially in the areas of rural economy and areas of smallholdings, colonization and indigenous communities, are presented by the respective local authorities, in areas such as technical assistance, marketing including post-harvest, irrigation projects, rehabilitation and conservation of watersheds and micro watersheds, flood control, aquaculture, fishing, electricity, aqueducts, subsidies for rural housing, environmental sanitation, and village roads when they part of an integrated rural development project.
In accordance with the provisions of Article 72 of Law 101 of 1993, the bodies or national government entities in the respective sector investment, may participate technically and financially in the implementation of programs and projects of local authorities to be co-financed when they are part of a municipal or departmental activity.
ARTICLE 10. The General Manager of the Colombian Institute of Agrarian Reform will be a member of the National Agricultural Credit Commission and the Higher Council for Land set out in article 5 part. of Law 16 of 1990 and article 9. Law 41 of 1993.
The Colombian Institute of Agrarian Reform
Term Notes Legislation Previous
ARTICLE 12. The 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 met by agencies and entities within the National System of Agrarian Reform and Rural Development Campesino.
2. Overtaking close inter-connection with the financing subsystem to support and facilitate access to credit for poor farmers, who received the direct subsidy for the purchase of land.
3. Support men and poor women farmers in land acquisition processes that they promote through the mechanisms provided for in paragraphs 5o., 6o. and 7th. of this article.
4. Manage the National Agrarian Fund.
5. Provide technical and legal advice to beneficiaries in the process of land acquisition when they Obren through the modalities for voluntary negotiation, real estate services and consultation meetings.
6. Establish support services to farmers and landowners in the process of land acquisition that those promote, without prejudice to providing rural property companies under Chapter V of this Act.
7. Grant direct subsidies to enable land acquisition to men and rural poor women who do not possess smallholders, beneficiaries of special programs established by the national government, rural women heads of household and those in a state of social and economic vulnerability because of violence, abandonment or widowhood and lack sufficient land itself or in accordance with the provisions of Chapter IV of this Act.
8. Determine the areas in which programs charge must be met and execute them in accordance with the respective procedures.
9. Implement programs of land acquisition directly through direct negotiation with the owners that disposed of as provided in Chapter VI of this Act, for redistribution in favor of men and women, farmers poor, smallholder farmers, indigenous communities, beneficiaries of special programs established by the National Government, the inhabitants of regions affected by public calamities, rural women heads of households, or alone because of violence, abandonment or widowhood and to relocate occupants of areas to be subjected to special handling or ecological interest.
10. Sort and advance the expropriation of the land and improvements of private property, or forming part of the assets of public entities, when directly perform the acquisition procedure under Chapter VI of this Act.
11. Promote the action of public entities providing training services, agricultural technical assistance, business, land improvement, roads, utilities and other necessary to achieve the peasant rural development as a strategy to transform the conditions of production of the farmers strategy .
12. Run to rural business management aimed at beneficiaries of this Act, to enable them to receive services in the preceding paragraph support programs.
13. On behalf of the State administering the badlands of the Nation and in such virtue, award them, enter into contracts, establish reserves and forward them colonization programs in accordance with current laws and regulations issued by the Board.
14. Bring actions and take appropriate action under the laws in cases of misappropriation of wastelands, or breach of the conditions under which they were awarded, and advance the proceedings and issue resolutions, termination of the right of private ownership .
15. Clarify the situation of land from the point of view of their property in order to identify those that belong to the State and to facilitate cleanup of private property.
16. Demarcate the land owned by the Nation of individuals. You can also forward procedures demarcation of lands belonging to safeguard and black communities, for the purposes of Article 48 of this Law.
17. Cooperate with the competent authorities in monitoring, conservation and restoration of natural resources.
18. Study the land needs of indigenous communities and build, expand, reorganize and restructure the reserves for the benefit of the respective installments.
19. Co-finance with local authorities degree programs of national public lands, when they delegated that function in accordance with the provisions of this Act.
20. Authorize in exceptional cases shall regulate the Board, the initiation of procurement procedures invaded rural lands occupied in fact or whose possession person was disturbed by violence or when having obtained the owner judgment positive and final are unable to run the initiating measures or eviction of the invaders or occupiers, or if disturbances still continues to property in any way.
21. Authorize the allocation of land in favor of professionals and experts in the agricultural sciences demonstrate that their income comes mainly from the activities of the respective profession. The Board will determine through regulations the requirements and obligations of beneficiaries, payment terms and the rules for the award of the agricultural units.
The awardees are only entitled to a subsidy equivalent to seventy percent (70%) of which farmers is granted when they part of a subdivision and reside in it and undertake to provide free technical assistance for five (5) years to members of Cooperatives to be established within the respective allotment parceleros. When the awards are not part of subdivisions in which participating smallholders, are not entitled to benefits.
For the selection of professionals or technicians, to be made by competitive skills that regulates the Board, the Institute will request a list of registered trade associations to national, giving preference to anyone related to the region location of the property being awarded. Effective Notes
ARTICLE 13. The Colombian Institute of Agrarian Reform may delegate to other public bodies, preferentially in the agricultural sector, functions that are assigned, when it will seems appropriate to ensure the best execution of their duties.
The delegation of the functions of the Institute requires the approval of the Board, with the favorable vote of the Minister of Agriculture. Under the delegation of one of its functions make the Institute, the delegatee entity acquires the faculties and powers in relation to it attributed this Act INCORA and is subject to the requirements and formalities prescribed for it.
Not be delegated functions related to the direct acquisition and land allocation, as well as to advance agricultural procedures extinction of ownership rights, clarification of ownership, recovering unlawfully occupied and vacant land demarcation. Whatever form is adopted for the delegation of tasks, the Institute may resume plane and at any time delegate allocation.
Term Notes Legislation Previous
Term Notes Legislation Previous
ARTICLE 16. The National Agrarian Fund is an integral part of the social investment that develops the state and form:
1. Budget resources that supply the Nation.
2. Assets held any title to the effective date of this Act.
3. The proceeds of the borrowing that the government or the Institute destination contract with the Fund or the performance of the functions provided by law.
Borrowing directly hire the Institute shall enjoy the security of the nation.
4. Agrarian National Government Bonds issue and deliver to the Fund to fulfill the purposes of this Act and those whose authorization is current at the date of enactment of this Act.
5. The sums received in payment for the land that alienates and services provided for remuneration.
6. The product recovery rates that collected in accordance with the respective standards.
7. Donations or aid that make it natural or legal, national or foreign, and international entities.
8. Rural properties received by the Colombian Institute of Family Welfare by intestacy, and vacant property that Law 75 of 1968 attributed to the Institute.
9. The properties that the Institute acquire any title.
10. The resources that municipalities, districts, departments and other entities agree to earmark to co-finance programs of the Colombian Institute of Agrarian Reform.
11. Rural property directly or indirectly linked to the implementation of drug trafficking and related crimes, or come from them, illicit enrichment and the offense defined in Article 6. Legislative Decree 1856 of 1989 when it is executed the judgment ordering their final confiscation.
12. Financial returns from the management of their resources.
PARÁGRAFO. The resources of the National Agrarian Fund may be administered through trust companies.
ARTICLE 17. The National Government allocated and appropriated sufficient resources, both in the National Development Plan, the National Public Investment Plan and annual budget laws, to advance the quadrennial land reform programs prepared by the INCORA, for the purposes of land reform culminating in a period not exceeding 16 years.
PARÁGRAFO. With resources from the general budget of the Nation the total value of subsidies provided for in this Act shall be financed.
ARTICLE 18. From the effective date of this Act, not less than 70% of the recoveries of the production loan portfolio granted by INCORA will go to the Agricultural Guarantee Fund, to support loans to beneficiaries of land reform.
funds or goods entering the National Agrarian Fund will be considered since that time as own assets of the Colombian Institute of Agrarian Reform, and its destination can not be changed by the government.
The Institute may transfer or donate part of their funds or assets in favor of other public entities when they delegate any of the powers conferred by this Act.
In case of liquidation, their assets passed to the Ministry of Agriculture official or other similar entity.
SUBSIDY, CREDIT AND BENEFICIARIES
ARTICLE 20. GRANT LAND REFORM INTEGRAL. Establish a Comprehensive Grant Agrarian Reform under the Incoder budget or the entity that replaces it, which may cover up to one hundred percent (100%) of the value of land and / or financial requirements for the establishment of agricultural production project, according to the socioeconomic conditions of the beneficiaries.
This subsidy will be equivalent to the value of the Family Agricultural Unit (FAU) and will be awarded only once to poor peasant families, in accordance with the policies and criteria for planning, targeting, priority, enforceability and rating with that to the effect, determine 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 the subject of this subsidy only for the amount intended to cover the financial requirements for the establishment of agricultural production project.
The grant will be allocated in a targeted manner through free competition procedures in selected areas of the country within the framework of comprehensive interventions to promote rural development, according to the regulations for the purpose by the national government.
When there are rural areas with comprehensive interventions to promote rural development, or there are no feasible subsidy allocation within them, the Ministry of Agriculture and Rural Development will focus its allocation in other areas in accordance with the regulations issued by the Board of Incoder. The resources allocated for comprehensive subsidy will be prioritized for the care of pending requests that were viable in the previous period. PARAGRAPH 1.
. Payment of the Comprehensive Grant access to land and productive support in shaping Agropecuarias basic industries, as well as implicit in the direct acquisition of land, the Government may use any form of payment on the national budget. PARAGRAPH 2.
. Local authorities, farmers' organizations, entities, non-profit, mutual associations, indigenous councils, advisory councils of black communities, the village authorities rom, agricultural associations and other bodies that are authorized by the regulations, may submit grant applications on behalf of the beneficiaries. PARAGRAPH 3.
. In the procedure for granting the subsidy a topographical survey be conducted as an input for determining the commercial appraisal. While the policy of rural land with a focus multipurpose implemented, if a difference of areas by comparing the folio property registration and topographic map of the site to acquire, before elaborating this appraisal, the Incoder notice this situation seller potential evidence and the winner of the subsidy.
In the event that the parties express their interest to continue trading despite the warning, the Incoder authorize continue the procedure as long as there is express, unequivocal and written manifestation owner, only in cases where the area of the property entered in the property registration folio is lower than that established by the survey.
In these cases, the commercial appraisal to develop will have the area farm, established in folio of real estate registration.
PARÁGRAFO 4o. The survey carried out for the purpose of implementing the subsidy agrarian reform and other matters within the institutional management on land may be made directly by the Codazzi (IGAC) or contracted with natural or legal persons legally authorized for that. Effective Notes
Term Notes Effective Jurisprudence
ARTICLE 22. The provision of comprehensive subsidy will be always effective production project that present conditions of technical, economic and social viability to ensure their competitiveness, equity and sustainability, conditions will be evaluated and certified by the Incora or his times, and in accordance with budget availability. Effective Jurisprudence
To ensure the destination and the efficiency of public investment, grant recipients must sign a contract operation and operation in which its commitments and responsibilities are determined, for a period not less than defined in the productive project and no case less than five (5) years. Breach of contract will generate immediate withdrawal of the subsidy and the loss of their property rights generated within the productive project.
The full amount of subsidy to buy land may be one hundred percent of the value of the property. Effective Notes
ARTICLE 23. The National Agricultural Credit Commission will establish a special rediscount line for land purchase and production credits beneficiaries of land reform, whose margin rediscount be up to 100%, with no less than twelve periods (12) years including grace periods of not less than two (2) years and financial conditions adapted to the procedures for land acquisition covered by this Act, at rates more favorable market interest.
The interest grace periods will be capitalized and deferred during the pay period.
Credits production in its different phases, acquisition and land improvement requesting INCORA beneficiaries may be supported by the Agricultural Guarantee Fund.
eligible as beneficiaries of land reform programs peasant men and women who do not own land and have tradition in rural work, who are in conditions of poverty and marginalization or derived from the activity agriculture most of their income.
Within the selection criteria established by the Board shall be given preferential attention to the situation in which rural women are heads of households and who are in a state of social and economic vulnerability because of violence, abandonment or widowhood, and lacking their own or enough land.
The Board will establish the criteria, priorities and requirements to be met by farmers and indicate how the subsidy should be granted for the purchase of rural properties.
The title of the land acquired by the subsidy must be made jointly in the names of spouses or permanent companions when this any place.
ARTICLE 25. The beneficiaries of the agrarian reform programs must reinstate the subsidy INCORA, adjusted to present value in cases where either sold or leased the land acquired with subsidy within twelve (12) years its bestowal without the express or delegated authority of the Board of INCORA, or if is established that the property is not being properly exploited by the farmer in the opinion of the Institute, or is found that incurred falsehoods to prove the requirements as beneficiary agrarian reform. The authorization for the sale can only understand those who have the status of subjects of agrarian reform and in any case the lease of the family farm unit permitted.
In the writings of land acquisition subsidized by the state this fact will be noted as well as the landlord's obligation to advance its operation directly from, and a condition subsequent subsidy for a period of 12 years should be established for INCORA when events occur under the preceding paragraph. The Board shall regulate regarding the recovery of the amount given by way of subsidy subject to conditions.
Who transferring ownership or possession of the land acquired through subsidy, may not be a beneficiary of agrarian reform programs again. The new purchaser or transferee shall be considered possessor in bad faith and therefore there will be no recognition of the improvements which it has entered in the property.
The land subsidy under this Chapter is not incompatible with other kinds of subsidies in favor of resource-poor farmers are established.
PARÁGRAFO. Notaries and Registrars of Public Instruments, on pain of incurring grounds for misconduct punishable by dismissal, shall refrain from granting and registering public documents containing the transfer of ownership or possession of land acquired with subsidy which is not protocolice express written INCORA to carry out the sale, within the period provided in this article authorization.
Will be absolutely null the acts or contracts concluded in violation of the provisions hereof.
ARTICLE 26. Established by the Institute that the applicant meets the requirements and therefore may be grant recipient for the purchase of a rural property, once perfected the respective bargaining agreement between peasants and land owner or accepted the purchase offer made by the INCORA, or registered the judgment of expropriation and property received by the Institute, as appropriate, certification that allows fill out the granting of credit to the financial institution will be issued.
VOLUNTARY CHAPTER V. NEGOTIATION OF LAND BETWEEN FARMERS AND OWNERS
ARTICLE 27. Farmers interested in land acquisition will advance individually or jointly and in coordination with the regional offices of INCORA, or rural estate companies Article 28 of this Law refers to the process aimed at obtaining a direct agreement negotiated with the owners, observing the following rules:
1. Farmers who are interested are in the acquisition of certain property, or rural properties who are registered in the respective regional property registry INCORA, or who have been offered for sale by the legally constituted rural property companies, inform the Institute, as the case, their general characteristics and possible trading conditions, or request INCORA practice of proceedings or the provision of advice as necessary to facilitate the process of voluntary negotiation with the respective owners.
2. The Institute, taking into account regional priorities and budget availability, check whether farmers interested in direct purchase of the lands meet the requirements specified to be beneficiaries of award programs as well as those provided for the granting of credit .
Established status subject of agrarian reform, INCORA then proceed to give notice to the respective owner, for the purpose of expressing explicitly if he is interested in negotiating his estate, according to the procedures and provisions laid down in this Act.
3. Institute staff will practice a visit to the property, which may participate farmers interested in negotiating, in order to establish their agrological fitness and determine if the land offered is a Family Agricultural Unit, or what percentage of it represents.
4. If the concept is favorable, the owner documents related to the tradition of the property, as well as the additional information necessary to determine whether the site meets the requirements established by the Institute will be requested.
5. Once the requirements, requirements and the procedure provided in this article and an agreement negotiated between the interested farmers and owners, they proceed to execute and formalize the documents relating to the sale of rural properties, pursuant to the provisions in force having been achieved.
ARTICLE 28. INCORA establish support services to farmers and landowners in land acquisition processes that promote those to facilitate their disposal in compliance with land reform programs. As such, owners may apply for registration in the regional offices of the Institute of farms that offer voluntarily and proceed in the manner indicated in the previous article to determine their suitability and general conditions of sale.
The Institute will release to registered farmers in the Regional lots that are offered for sale by private individuals, as well as the proposed conditions of negotiation.
Rural property companies legally constituted, will offer for sale to farmers or to institute the properties they have received for this purpose by their owners, which must meet the requirements or that any minimum requirements established for which must attach the appraisal made by natural or legal persons legally entitled to do so, together with documents proving ownership and other relevant. The proposed sale does not obligate the Institute against the property or concerning third parties society.
ARTICLE 29. The Institute will convene consultation meetings where interested farmers involved in land acquisition and owners of the respective properties.
At these meetings the different proposals of sale and purchase of land in the region and the general conditions for trading will be analyzed. It tried everything on record, to be considered as sales offers made by the owners, as well as buying interest by the peasants leave.
ARTICLE 30. If as a result of the meetings in the previous article the parties agree to any negotiations, proceed to formalize it by signing the documents provided for the sale of rural properties.
If in the above process is not still not achieved negotiate land, the minutes of the meeting stating the disagreement shall be submitted to the Board to conceptualise on the need to convene other meetings of consultation, where stakeholders propose new alternatives negotiation of the premises.
If the disagreement persists on the trading conditions of the respective property, the Institute will assess the need and appropriateness of the acquisition and proceed to negotiate the site if necessary.
LAND ACQUISITION BY INCORA
ARTICLE 31. The Colombian Institute for Rural Development, Incoder, may acquire by direct negotiation or decree the expropriation of land, rural improvements and rights of private property or that are part of the assets of public entities, in order to to fulfill the purposes of public utility and social interest defined in this law only in the following cases:
a) for indigenous, Afro-Colombian communities and other ethnic minorities who do not possess or when the surface were established regardless insufficient;
B) give land to the peasants inhabitants of regions affected by natural public calamity survivors;
C) To benefit farmers, persons or entities for which the National Government to establish special programs endowment of land or special management areas or are of ecological interest.
PARÁGRAFO. In the case of direct negotiation of land for the purposes of this article, and its eventual expropriation, Incoder be subject to the procedure established in this law. Effective Notes
ARTICLE 32. In the case of the programs provided in the preceding article, for the acquisition of the respective properties the Institute shall be subject to the following procedure:
1. Based on the programming point annually, the Institute will practice the steps it deems necessary for the identification, qualification and assessment of the corresponding rural properties.
2. The maximum trading price will be fixed in the commercial appraisal that to this end contracts with natural or legal persons legally entitled to do so, according to the regulations for the purpose by the Government.
3. INCORA make offer to purchase the property owners through official letter to be delivered personally, or otherwise will be sent by registered post to the address listed on the record in the phonebook or mail. If it is unable to communicate the offer in the manner, it will be given to any person who shall be found on the premises, and will officiate for mayor of location of the property, by telegram containing the essential elements of the offer to be set visible to the public for five (5) days instead counted from receipt, which will be perfected and will become effective notice to the other holders of real rights constituted on the property.
The tender offer must register with the Office of Public Records of the corresponding circle within five (5) days following the date on which the communication was made days.
4. The owner has a term of ten (10) days from the date it is improved communication, to accept or reject. Within the same term and for once, you can challenge the assessment by mistake or when it was issued with more than one year in advance. The objections to the initial assessment, or updating, will be diligenciadas by different experts that have participated previously.
5. If there is agreement on the purchase offer, a contract of promise of sale which shall be completed by deed within a period not exceeding two months from the date of grant will be held.
It is understood that the waiver owner direct negotiations and rejects the bid when not manifest its express acceptance within the period provided for answer. understands also rejected the offer when its acceptance is conditional, unless the INCORA deems meritorious trading counterproposal, or the owner does not subscribe to the promise of sale or alienation perfect writing within the time allowed.
6. Exhausted the stage of direct negotiation in accordance with the referred to in the preceding paragraph, a reasoned decision the General Manager of the Institute shall order to advance the expropriation of land and other real rights constituted on him, according to the rocedure laid down in Chapter VII. PARAGRAPH 1.
. Financial institutions are obliged to give the INCORA the first option to purchase rural lands that have received or received by way of payment in the settlement of mortgage loans, or who have acquired by court order.
INCORA have two (2) months to exercise the right of privileged purchase option, which beat the bank will be free to dispose. They are absolutely void the acts or contracts concluded in violation of the provisions of this standard and the Notaries and Registrars of Public Instruments may not grant and register deeds containing the transfer of ownership to third parties, while the express authorization is protocolice and written INCORA, in cases of withdrawal, or the sworn statement of the legal representative of the financial intermediary of not having been notified of a decision within the period provided when any mediated positive administrative silence. PARAGRAPH 2.
. In procedures for land acquisition under this Chapter, the owners may request the exercise of the right to exclude up to two (2) Family Agricultural Units, when the offer to purchase the Institute understands the entire property and that exceeds extension surface. The excluded area shall be determined by INCORA in such a way that the physical drive of the lot is preserved and possibly integrated with exploitable land of equal quality and conditions that correspond to the Institute in the acquiring party.
The exclusion right shall be exercised only once and expressly within the term having the owner to answer the offer to purchase the property. There will be no place to the right of exclusion where the owner rejects the bid, unless it into an opportunity to pave claims of expropriation claim.
CHAPTER VII. Expropriation
GROUNDS AND PROCEDURE
ARTICLE 33. If the owner does not expressly accepts the purchase offer or rejection in accordance with the provisions of this Act shall presume, it means exhausted the direct negotiation procedure and the procedures for expropriation be advanced, as follows way:
1. The General Manager of the Institute, a reasoned decision, order advance the expropriation of land and other real rights constituted it.
This resolution shall be notified in the manner provided by Articles 44 to 48 of the Administrative Code. Against the decision ordering the expropriation only the remedy of reconsideration, which must be filed within 5 working days of notification surtimiento. After one month without the Institute it has been resolved the appeal, or presents expropriation claim, denied means replenishment, the contested act be enforceable and therefore will not be from any pronouncement on the matter under appeal.
You can challenged the legality of the advance ordering the expropriation within the process that is processed according to the procedure established by this Act.
2. Once the resolution of expropriation within two (2) months the Institute will present the relevant action before the Administrative Court exercising jurisdiction in the territory where the property is located.
If the Institute does not submit the claim within two (2) days following the execution of the resolution of expropriation months, will expire action.
A demand must be accompanied, in addition to the annexes provided by law, the resolution of expropriation and notification records; the commercial value of the property and authentic copy of documents proving to have stocked the direct negotiation procedure.
When the expropriation of the portion of a property is demanded, the demand must be accompanied by the description by its boundaries and place of part of the property that is to expropriate, and a plan developed by the Institute Balloon greater extent, within which the person affected by the expropriation decree portion required.
For the rest, the application must meet the requirements set out in Articles 75 to 79, 81 and 451 of the Code of Civil Procedure.
3. Admisorio in auto demand definitely the Court decide on the jurisdiction of the process and if it finds that it is not competent reject in limine the application and order the return of the annexes without breakdown.
Also, when deciding on the admission of the application, the Court will examine if any of the circumstances of the 6th paragraphs dealing., 7th. and 9th. Article 97 of the Code of Civil Procedure, established and if he finds any, it shall proceed as follows:
a) In the circumstances envisaged by paragraphs 6o. and 7th. Article 97 of the Code of Civil Procedure, shall indicate the missing evidence on quality cited or quoted, or defects allegedly vitiating the demand, so that the applicant entity's contribution or rectified, as the case may be, in the term of 5 days, and if he did not reject it and order the return of the annexes without breakdown;
B) In the case provided by the 9th paragraph. Article 97 of the Code of Civil Procedure, the procedure established by Article 83 of the same code, subject to the procedure of expropriation application of the provisions of Article 401 of that procedural status will continue.
Against admisorio auto demand or against which proceed only declared inadmissible or reject the appeal for reconsideration.
4. Demand certain and known defendants be notified by the procedure provided for in clause 2. Article 452 of the Code of Civil Procedure.
To notify third parties indeterminate created with rights to the property subject to expropriation, in the car admisorio demand its location shall be ordered by decree to be issued only once in a newspaper of general circulation in the region where the object is located, to appear to process no later than ten (10) days following publication days, after which selection means the location of unspecified persons to whom they appoint guardian ad litem, who he shall hold office until the completion of the process, being forced acceptance.
The decree shall state, besides the fact of the expropriation requested by the Institute, the identification of the good, the call of those who are created with the right to attend the process and the deadline for doing so. The edict is fixed for the term of five days in a conspicuous location of the secretariat of the same court.
People who attend the placement process by incidents may propose preliminary objection and appeal that the present Law, within ten (10) days following the date on which he remains assortment days. Which submitted later, they take the process in the state where they are.
Of demand will be forwarded to the defendant for ten (10) days to propose prior incidents and appeal of this Act dealing exception.
5. Without prejudice to the challenge of dealing with the 8th paragraph. of this article, in the expropriation process is not admissible any urgent or previous, except exception of absence, disability or misrepresentation of the plaintiff or the defendant, which shall be presented separately in writing within the term of the transfer of the demand and it processed as an incident accordance with the procedure established by articles 135 to 139 of the Code of Civil procedure, unless the Institute to reform the claim, remedy the defect, in which case the Court by order will terminate the incident and ordered to continue the process without a new transfer.
They may not be invoked as grounds for revocation trying circumstances numerals on the 1st., 2nd., 6o., 7th. and 9th. Article 97 of the Code of Civil Procedure, if the defendant has not brought against the order admisorio demand administrative appeal, in which he has claimed the occurrence of any of them. They may not be invoked as grounds for invalidating the facts constituting the previous referred to the 4th paragraphs exceptions. and 5th. Article 97 of the Code, if it has not been given the opportunity to in the preceding paragraph. In any case, the Court before sentencing must correct all defects to warn the respective process to guard against any nullity and prevent the process concludes with inhibitory sentence.
Should the appeal be lodged by the defendant against the admisorio auto demand, the decision regarding the circumstances of the 6th paragraphs dealing., 7th. and 9th. Article 97 of the Code of Civil Procedure, the Court declared the application inadmissible and proceed as indicated in paragraph 2o. of the 8th paragraph. of this Article, and if the institute to remedy the defect within the period provided, he admitted an order which is not subject to appeal with no place to retransfer; otherwise you reject it.
6. If the defendant will level the expropriation within the term of the transfer of the demand, request the Court that it be authorized to exercise the right of exclusion, according to the rules of this Act. In that case the Court recognized the applicant right of exclusion on the portion of the property indicated in the application and issue flat sentence, in which decreed the expropriation of the rest of the property without condemning the defendant to pay the costs.
7. The Institute, for reasons of urgency and urgency aimed at ensuring satisfaction and prevalence of public or social interest, prequalification of them by the Board, may request the Court in the car admisorio demand early delivery order the Institute of property whose expropriation demand, if give credit to be consigned to order the respective Court, in the Agricultural Credit, Industrial and Mining, a sum equivalent to 30% of the commercial appraisal made at the stage of direct negotiations, and accompany the written demand titles guarantee payment of the balance of the property value, according to the same assessment.
In the case of a property whose value does not exceed 500 minimum monthly wages, the Institute must prove the appropriation orders of the Court of a sum equal to 100% of the property value, according to the appraisal made in the negotiation stage direct.
Within the term of the transfer of the application, the defendant may request fixing deadlines referred to in the clause 2o. of paragraph 14 of this Article, unless the Institute has done in demand.
8. Within the term of the transfer of demand and by incident was processed in the manner indicated by the Chapter 1o. Title 11 of Book 2o. the Code of Civil Procedure, the defendant may oppose the expropriation and challenge the legality, invoking against the resolution that declared the action for annulment established by Article 84 of the Administrative Code. The letter proposing the incident must contain the expression of which is contested, facts or omissions that are the basis for the challenge, the indication of the violated rules and clear and precise explanation of the concept of its violation.
The irregularities of the contested measure not be alegables as grounds for revocation unless it has been not raised in the appeal lodged against the decision of expropriation administrative remedies.
Shall be inadmissible and the Court will reject the plan, appeal or judicial review, for reasons of convenience and opportunity of expropriation.
9. In the incident to challenge the Court rejected in limine not store any evidence that directly or unequivocally demonstrate the invalidity of the resolution that ordered the expropriation, for violation of strict legality.
The probation term is ten (10) days, if any practice tests that have not been provided with the notice of appeal; It may be extended only for ten (10) days to practice test officially decreed.
The tests commissioned by practice, take precedence over any other steps. The judge commissioner who dilatare practice test a condemnation proceeding incur grounds for misconduct to be sanctioned by dismissal.
10. He won the probationary term, it will be ordered to a common move for three days to the parties to submit their arguments in writing, after which the process will come to the office for sentencing.
If not there Were evidence to practice, transfer to allege shall be three (3) days, in which case the judge substantiating have ten (10) days from the expiry of the transfer, to register the draft judgment .
11. The draft judgment to decide the appeal must be filed within ten (10) days following the expiration of that available to the parties to argue. Precluded the term to register the project without the Substantiating Justice they have been made, and subject to disciplinary as may be appropriate sanctions, the process moves to the next judge for the term of five (5) days record the draft judgment .
12. Registered a draft judgment, the Court shall have twenty (20) days to decide on the legality of the contested measure and render judgment.
If the appeal is decided favorably to the appellant, the Court shall render judgment in which the expropriation declare invalid administrative act, refrain from deciding on expropriation and order the return and breakdown of all documents of the Institute for that within twenty (20) days, restart the performance from the occurrence of events or circumstances which have vitiated the legality of the administrative act that decreed the expropriation, if this is possible.
The Court, when deciding the incident challenge must decide simultaneously on the preliminary objections that treat the 4th numerals. and 5th. Article 97 of the Code of Civil Procedure, if they have been proposed. Precluded the opportunity to try incidents preliminary objection and appeal without the defendant has proposed any of them, or mediare rejection, or has conquered the term to decide, the Court shall pass judgment, and if you order the expropriation decree the valuation of property and shall proceed as provided by Article 454 of the Code of Civil Procedure.
The judgment ordering the expropriation, once firmly take effect "erga omnes" and the Court shall order its notarization in notary and registration in the relevant register. It will constitute grounds for misconduct Substantiating Justice or the judges of the Court and Council of State, as the case may be, to be sanctioned by dismissal, disregard of the preclusive terms established by this Act to fill and decide incidents and sentencing, and to decide the appeal against it stands.
Order to comply with the terms established by this Law in the process of expropriation and extinction of ownership of uncultivated land, the respective processes will be dealt with absolute precedence over any other administrative proceedings that are in knowledge of the judges or judges, so that it can not be argued by them to justify the delay in proffering the corresponding measures, congestion in their judicial offices.
13. The orders of the expropriation process are only subject of the appeal, except for the sentence, the car refusing the opening test or practice of any that has been requested promptly and order resolving the liquidation of convictions, which will be appealed to the Council of State, without prejudice to the consultation which Article 184 of the Code of Administrative.
The statement that denies the expropriation or refrain from decreeing is appealable in the suspensive effect; which decreed, in the devolution.
The order resolving the liquidation of sentences may be appealed in the delayed effect but the appellant may not ask to be granted in the devolution effect. The opening denying proof of any practice that has been timely requested be appealed in the devolution effect.
Against the judgment to decide the expropriation process, not carry the special review.
14. In the judgment ruling the incident challenge unfavorably to the claims of the appellant, invoked against the legality of the administrative act of expropriation, early delivery of the property to the Institute shall be ordered when the Institute has requested and proof of having entered orders of the respective Tribunal, in the Agricultural Credit, Industrial and Mining, a sum equal to the last valuation of the property plus 50% or has made insurance policy for the same amount, to guarantee the payment of compensation. Not be admissible opposition for early delivery of the property by the defendant. The oppositions of third parties are governed by the provisions of paragraph 3 of Article 456 of the Code of Civil Procedure.
The Court may, at the request of the Institute or the defendant, or holders or holders who show that they have the right to summarily time of diligence delivery of the material, fixed to the latter, for once, deadlines for collection of outstanding crops and moving machinery, goods and chattels that may be found on the farm, without prejudice to the diligence of early delivery is made.
15. The experts involved in the expropriation process will be two designated in the list of appraisers experts of real property, prepared by the respective Court, whose members have appointed, for inclusion on the roster of ancillary justice, have professional title civil engineer, land registry, Agrologist or geodesta and have at least five years of experience in conducting appraisals of real estate in rural areas.
The experts estimate the value of the expropriated property, with discrimination specification value of land and improvements on the property, and separately determine the portion of the compensation due for the various stakeholders, so that under the value of the expropriated property, they shall be indemnified in the corresponding proportion of real rights holders, holders and holders to them under the law the right to attend remunerative compensation on grounds of expropriation.
In matters not provided shall apply to the assessment and delivery of goods the rules of Article 456 of the Code of Civil Procedure.
16. To determine the amount of compensation the Court will consider the value of the expropriated assets as remunerative compensation equivalent to the defendant in every respect.
17. If the Court denies the expropriation or the State Council revoked the sentence decreed, it will be ordered again put the defendant in possession or possession of the property, if it were possible, where it has been made early delivery thereof, and condemn the Institute to pay all damages caused, including the value of the works necessary to restore things to the state they were in at the time of delivery, discounting the value of the necessary improvements later.
If the restitution is not possible, the Court declared the incurso Institute "way of fact" and condemn in genere to repair all damages caused to the defendant, including consequential damages and lost profits, calculated from the date on which it was made early delivery of the goods, order the defendant to deliver the bond and titles of guarantee that the Institute has submitted to order the measure of early delivery. The liquidation of the damages that covered by this paragraph will be held before the same court that heard the case in accordance with the procedure laid down by the 2nd Chapter. Title 14 of Book 2 of the Code of Civil Procedure, and shall be paid as provided by Articles 170 to 179 of the Administrative Code.
Agrarian reform beneficiaries who have received land given by INCORA, whose tradition in favor of the Institute is unable to improve, be taken as having good faith on the plots they have received and may acquire Ei domain itself, without superficiaria regard to its extension, taking up the procedures provided for in Decree 508 of 1974, having exercised possession for five (5) years in the terms and conditions provided by article 1. of Law 200 of 1936.
18. In matters not covered by this Act the process of the expropriation process will advance as provided by Title XXIV of the Book 3o. and other rules of the Code of Civil Procedure; in matters not covered by those provisions the rules of the Administrative Code shall apply as they are compatible with the applicable procedure.
CONDITIONS AND PAYMENT
ARTICLE 34. The payment to the owners of the properties they acquire farmers by land acquisition mode under Chapter V, shall be as follows:
a) 50% of the value of the property in Agrarian bonds;
B) The remaining 50% in cash.
Resources appropriations land acquirers farmers are granted by financial intermediaries, they will be delivered by them directly to the owner, within 30 days from the date of signing the deed, and will be computed as payment partial or total sum to be recognized in cash. The remaining cash will be paid by INCORA's budget subsidies of land, in two installments, with maturities of six (6) and twelve (12) months, to be counted from the date of payment initial cash.
50% of the Agrarian Bonds will be also canceled under the land subsidy.
ARTICLE 35. The payment of rural property acquired through land acquisition procedure established in Chapter VI, shall be as follows:
a) 60% of the appraised value in Agrarian Bonds ;
B) 40% of the appraised value in cash.
The amounts to be recognized in cash will be paid as follows: One third of the total value, as an initial cash, within sixty (60) days following the signing of the deed days, unless otherwise been determined to payment on the occasion of the celebration by the Institute for trust management contract or public trust for this purpose. The balance will cancel the INCORA in two (2) days, with maturities of six (6) and twelve (12) months, which shall be computed from the date of initial cash payment.
ARTICLE 36. The amount of compensation in the expropriation process will be paid in full on Agrarian Bonds.
ARTICLE 37. Agrarian Bonds are government debt securities, with final maturity well:
a) acquisitions under Chapters V and VI, have a final maturity term of five (5) years;
B) In the expropriations will have a final maturity term of six years.
The Agrarian Bonds are partially redeemable in five (5) or six (6) equal and successive maturities, as appropriate, the first of which will expire one year after the date of issue, freely negotiable and which cause and will pay interest semi-annually not less than 80% of the rate of increase in the national consumer price index certified by the DANE for each period. PARAGRAPH 1.
. The income obtained from the sale of the property shall not constitute taxable income or occasional profit for the owner. The interest accrued on the Bonds will Agrarios tax-exempt income and complementary and such Bonds may be used for the payment of such taxes. Editor's Notes
. The Government may reduce the periods of Agricultural Bonds issued for the payment of the land, to the extent that the holder thereof is obliged to invest in previously qualified by the National Council for Economic and Social Policy, CONPES industrial or agro-industrial projects, or subscription of shares of privatized state entities.
CHAPTER IX. HOUSEHOLDS AND AGRICULTURAL
Parcelaciones ARTICLE 38.
lands whose acquisition promote and obtain men and peasants, or directly purchase the Institute for Agrarian Reform programs women, will be used for the following purposes:
a) Establish Family Agricultural Units, Companies Community or any associative production.
B) For the establishment, expansion, restructuring and reorganization of indigenous reserves.
It is understood by Family Agricultural Unit (UAF), the basic business of agriculture, livestock, aquaculture and forestry extension whose production, according to agro-ecological conditions of the area and with appropriate technology, allows the family to remunerate their work and have a capitalizable surplus that contributes to the formation of their heritage.
The UAF does not normally require to be exploited work but the owner and his family, notwithstanding the employment of foreign labor, if the nature of the operation requires it.
The Board indicate the methodological criteria to determine the Family Agricultural Unit for relatively homogeneous areas, and mechanisms for evaluation, review and periodic adjustments when significant changes occur in the conditions of the farm that affect it, and set in legal monthly minimum wages maximum total value of the UAF which will be available by the provisions of this Act.
to determine the value of the subsidy may be granted, will be established at the farm level the size of the Family Agricultural Unit.
ARTICLE 39. Those who have acquired INCORA Family Agricultural Units prior to the effective date of this Act are subject to the system of holding property that immediately expressed:
By the mere fact of the award, undertake to abide by the existing regulations on use and protection of renewable natural resources, as well as provisions on roads and transit easements and waters that effect issued by the Institute.
Even when within fifteen (15) years from the first award that was made on the respective plot, may not transfer the right of ownership, possession or possession but peasants landless poor compliance, or minifundistas. In this case the contractor must request express authorization of INCORA to transfer, encumber or lease the Family Agricultural Unit.
The Institute has a period of three (3) months from the receipt of the request, to issue the authorization, after which, if not acted, be deemed to consent to the proposal of the successful tenderer . Without prejudice to the declaration of forfeiture of the award, will be absolutely null the acts or contracts concluded in violation of the provisions hereof and may not notaries and Registrars grant and register deeds in which the authorization of the Institute is not protocolice or the authorization request to INCORA, along with the affidavit of the successful tenderer, not having been notified of a decision within the period provided when perpetration of administrative silence.
In cases of alienation of property, transfer of possession or ownership of a Family Agricultural Unit, the purchaser or assignee shall be subrogated to all obligations of the transferor or assignor for the Institute.
Those who have acquired the domain on a plot whose first award was made in more than fifteen (15) years period, must inform the Institute regarding any proposed sale of the property, so that it makes use of the first option to buy it back within three (3) days following the date of receipt of the written report containing the respective months. If the INCORA expressly rejects the option, or keep silent within the prescribed period to take her, the winning bidder will be free to dispose of the plot.
Notaries and Registrars will refrain from granting and registering deeds, which go beyond the domain of Family Agricultural Units for third parties, which is not credited INCORA have given the right of choice as well as the record or evidence their express or tacit rejection.
ARTICLE 40. In subdivisions, has already established that INCORA until the entry into force of this Act, the following rules shall also be observed:
1. If reacquisition of a plot by the Institute, the price may not exceed in any case the commercial appraisal which is undertaken in accordance with the provisions of this Act.
As a rule, buybacks that can only make the Institute be made for plots which have been awarded with older than 15 years or when the parcelero canceled the entire land credit. When the reacquisition occurs before the period provided for, shall be deducted from the purchase price of the credit balance of land and who have in respect of the production credits granted or guaranteed by the Institute.
2. When the Institute should reallocate a plot, the transfer of the domain will be in favor of farmers who fulfill the conditions laid down by the Board, in the form and manner prescribed for the acquisition credit and subsidy. If within peasant registered any female heads of household, they will be given priority in the allocation of Family Agricultural Unit.
3. Awards, incurred until the date of enactment of this Act, shall remain subject to the grounds for revocation for breach by the successful bidders of the provisions of this statute, regulations or clauses in the award decision .
The declaration of nullity shall entitle the Institute to demand delivery of the parcel, according to the rules on mutual benefits established by the Board. Against the decision to declare the expiration only the remedy of reinstatement. The refund will be brought forward under the current procedure for release by occupation in fact, payment, consignment or assurance recognize the value corresponding parcelero.
4. In case of death of the successful tenderer who has not canceled the Institute the entire purchase price, the judge hearing the succession process awarded in common and undivided dominion over the property to the heirs, surviving spouse, permanent partner who has right under the law.
For all purposes it is considered that the Family Agricultural Unit is a species that does not support division material are void acts which contravene this provision. In any case the commoners may not assign its rights without authorization INCORA accordance with the procedure established by this Law and the Institute may elect to reacquire if watchword, with acceptance of all the heirs, the market value of the property to orders of succession before the trial judge, who awarded flat plot the Institute and continue the process on the deposited amount.
5. In any case a single person, by himself or a third party, you can exercise dominion or possession in any capacity of more than one (1) Family Agricultural Unit. The violation of this prohibition is grounds for revocation.
Who transfer to any title ownership of a plot may not request new contract or be beneficiary of other land grant programs of land reform.
Bad faith holder who acquires in any a Family Agricultural Unit without fulfilling the requirements of this Act and, consequently, there will be no recognition of the improvements which it has entered is presumed.
6. To calculate the initial cost of Family Agricultural Units have been established in areas of parcelling before the effective date of this Act, the INCORA distribute the overall price of the acquisition over the entire surface acquired, taking into account the intrinsic value of the land and the useful and necessary improvements, taken into account at the time of acquisition by the Institute, as well as conditions that can determine a difference per unit area between the various plots of land which is fractionated.
The retail property parcel may not exceed that of its latest acquisition by the Institute.
Overheads and of surveying and marking, whose rates will determine the Board of the Institute and costs necessary improvements introduced into the plots for their education, will be added to the price or value of initial acquisition land by INCORA, for calculating the value of Family Agricultural Units have been established in areas of parcelling. They are payable by the parcelario costs and expenses of useful enhancements specifically requested it, in which case charged the price of the acquisition of the respective plot.
7. Buyers cancel the value of the land within 15 years by the cumulative amortization systems or capitalization, to be established by the Board of the Institute, but the amount of capital does not begin to accrue only from the third year.
Notwithstanding the foregoing, the Institute may fix periods of lower amortization to 15 years, or reduce them at the request of the beneficiary, depending on the nature of the plot, the productive potential of the property and the ability to pay the contractor and his family:
the Board, with the approval of the government, may extend the repayment of existing obligations when conditions make it indispensable or refinance the existing debt parcelarios.
executives or sales judgments under way against those who have acquired the domain of a Family Agricultural Unit by award made by the Institute shall be entitled to being awarded the parcel at the price indicated by the appraisal expert. If the Institute desist in any case the property awarded to another person shall be subject to the regime of holding property during the term remaining to compliance with fifteen (15) years.
In all civil proceedings affecting the Family Agricultural Units awarded by the Institute, the rights of EU companies or social interests of its members may be part INCORA and judges may not overtake without giving notice to the Institute of which shall be recorded in the record.