Advanced Search

Royal Decree 1372 / 1986, Of 13 June, Which Approves The Regulation Of Property Of The Local Entities.

Original Language Title: Real Decreto 1372/1986, de 13 de junio, por el que se aprueba el Reglamento de Bienes de las Entidades Locales.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

The final provision of Law 7/1985, of April 2, Regulatory of the Bases of the Local Regime establishes that the Government will proceed to update and to accommodate the provisions of the same regulations that continue in force and in particular, inter alia, the Regulation on Goods of Local Entities, approved by Decree of 27 May 1952, with the amendments that it has been the subject of subsequent provisions.

In compliance with such a mandate, the new Regulation has been drafted.

In its virtue, on the proposal of the Minister of Territorial Administration, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of June 13, 1986,

D I S P O N G O:

Single item.

The Local Entities Goods Regulation is approved, the text of which is inserted below.

Given in Madrid to June 13, 1986.

JOHN CARLOS R.

The Minister of Territorial Administration,

FELIX PONS IRAZAZABAL

LOCAL ENTITIES ' GOODS REGULATION

TITLE FIRST

Assets

CHAPTER FIRST

Concept and classification of goods

Article 1. º

1. The assets of the local authorities shall consist of all assets, rights and shares belonging to them.

2. The property regime of the local entities shall be governed:

(a) By the basic legislation of the State in the field of local regime.

(b) By the basic legislation of the regulatory State of the legal regime of the goods of the Public Administrations.

c) By legislation that in the field of its competences dictate the Autonomous Communities.

(d) In the absence of the legislation referred to in the previous paragraphs, by the non-basic state legislation on local regime and public goods.

e) By the ordinances of each Entity.

f) Substitute for the remaining rules of the legal, administrative and civil systems.

3. In any event, state law shall apply in accordance with Article 149.3 of the Constitution.

Art. 2. º

1. The assets of the local entities shall be classified in public domain and property assets.

2. Public domain goods shall be of public use or service.

3. They have the consideration of communal goods that are of public domain, their use corresponds to the common of the neighbors.

4. Communal goods may only belong to the Municipalities and to the local minor entities.

Art. 3. º

1. Local public goods means roads, squares, streets, walks, parks, fountains and ponds, bridges and other public works of use or general use whose conservation and police are of the competence of the Entity local.

2. Without prejudice to the linking of the land to its urban destination since the approval of the plans, the affectation of the buildings to the public use will, in any case, occur at the time of the transfer of the right to the acting administration according to urban legislation.

Art. 4. º

They are public service goods intended directly for the fulfillment of public purposes of responsibility of the local entities, such as Consistory Houses, Provincial Palacios and, in general, buildings that are of the (i), slaughterhouses, markets, auctions, hospitals, hospices, museums, catalogued mountains, schools, cemeteries, transport elements, swimming pools and sports fields, and, in general, any other goods directly intended for the provision of public or administrative services.

Art. 5. º

Communal goods and other public domain goods are inalienable, inembargable and imprinted and are not subject to any tribute.

Art. 6. º

1. They are property or property owned by the Local Entity that are not intended for public use or affected by any public service and may constitute sources of income for the entity of the Entity.

2. Property assets are governed by their specific legislation and, failing that, by the rules of private law.

Art. 7. º

1. Surplus parcels and non-usable effects shall be classified as property assets.

2. Leftover parcels of land owned by the local authorities, which because of their small extent, irregular shape or location, are not suitable for suitable use.

3. In order to declare a plot of land left over, a legal qualification file shall be required, in the form that prevents the following article and with the exception of its number 3.

4. All goods which, due to their deterioration, depreciation or poor conservation status, are not applicable, shall be considered to be inapplicable to municipal services or to the normal use of services, provided that they are of a nature and destination, although the same would not have been discharged into the Inventory.

Art. 8. º

1. The alteration of the legal status of the assets of the local entities requires a file in which their opportunity and legality are established.

2. The file must be resolved, after public information for a month, by the respective local Corporation, by means of "agreement adopted" with the favorable vote of the absolute majority of the legal number of members of the same.

3. In any event, the incorporation into the estate of the local entity of the affected goods, even when they come from the public domain, shall not be understood to have been effected until the formal reception by the competent body of the Corporation of the goods in question, and as long as they do not take place, will continue to have the status of public domain.

4. However, the alteration occurs automatically in the following assumptions:

a) Final approval of urban planning plans and projects of works and services.

(b) The attachment of property assets for more than twenty-five years to a public or communal use or service.

(c) The entity acquires by user, in accordance with civil law, the domain of a thing that is intended for public or communal use or service.

CHAPTER II

From the estate of local entities

Art. 9. º

1. Local Entities shall have full legal capacity to acquire and hold assets of all classes and to exercise the actions and resources arising in defence of their assets.

2. Local Entities have an obligation to exercise the necessary actions for the defense of their property and rights.

3. The agreements for the exercise of actions necessary for the defense of the property and rights of the local entities shall be adopted after the secretary's opinion, or, as the case may be, the Legal Counsel and, in the absence of both, of a Letrado.

Art. 10.

Local Corporations can acquire goods and rights:

a) By attribution of the Law.

b) For consideration with exercise or not of the power of expropriation.

c) By inheritance, legacy, or donation.

d) By prescription.

e) By occupation.

f) By any other legitimate means under the legal order.

Art. 11.

1. The acquisition of goods for consideration shall require compliance with the requirements laid down in the rules governing the procurement of local corporations. In the case of real estate, a prior expert report shall also be required, and assets of historical or artistic value shall be required for the report of the competent state or regional authority, provided that the amount exceeds 1 per 100 of the ordinary resources of the Corporation's budget or the general limit established for direct procurement in the field of supplies.

2. Purchases of goods resulting from forced expropriations shall be governed by their specific rules.

Art. 12.

1. The acquisition of goods for free shall not be subject to any restriction.

2. However, if the acquisition takes any condition or mode of consideration, only the goods in advance of the file in which it is established that the value of the levy does not exceed the value of what is acquired can be accepted.

3. The acceptance of inheritances shall be understood as an inventory benefit.

Art. 13.

If the goods have been acquired under the condition or modality of their permanent affectation to certain destinations, they shall be deemed to have been fulfilled and consummated when they have been served for thirty years, but shall then leave the goods to be in a situation of public interest.

Art. 14.

1. Local Entities shall prescribe in their favour in accordance with the common laws, without prejudice to the provisions of special provisions.

Individuals may prescribe in their favor the assets of the local Entities in accordance with the common laws.

2. The occupation of movable property by the local entities shall be regulated by the provisions of the Civil Code and the Special Laws.

Art. 15.

1. In the case of the award of assets or rights to local authorities, in the case of judicial or administrative proceedings, it shall be possible, first of all, to identify the goods awarded and to carry out their expert assessment.

2. The identification and assessment diligence shall be carried out, where appropriate, the estate of the property or right awarded.

3. Where the goods or rights have been awarded in payment of a claim corresponding to the local authority and the amount of the credit is less than the value resulting from the valuation of the goods or rights, the debtor to whom he belonged shall not be entitled to claim the difference.

Art. 16.

1. Municipal land assets shall be regulated by their specific legislation.

2. The property assets that will be classified as urban or urban land programmed in the urban planning will be affected to the Municipal Heritage of the Soil.

CHAPTER III

Conservation and guardianship of goods

Section 1 of the inventory and record of the goods

Art. 17.

1. Local Corporations are required to form inventory of all their assets and rights, whatever their nature or form of acquisition.

2. Subject to the rules contained in this section, separate inventories of the assets and rights belonging to entities with their own personality and dependent on local Corporations will be formed.

Also, separate inventories of the assets and rights belonging to establishments with their own independent personality shall be formed if the legitimate representation corresponds to the local Corporations.

Art. 18.

In the inventory they will be resented, separately, according to their nature, grouping them according to the following headings:

1. Infurniture.

2. Actual Rights.

3. Historic, artistic or economic value of a considerable economic value.

4. Securities, credits and rights, of a personal nature of the Corporation.

5. Vehicles.

6. º Emovientes.

7. Furniture not included in the above statements.

8. Rights and Reversible Rights.

Art. 19.

1. The review of the goods in the inventory shall be carried out with correlative numbering for each of them, within the respective heading.

2. Space shall then be left blank to record any variations that occur in the course of the exercise and the cancellation of the seats.

Art. 20.

The real estate inventory will express the following data:

a) Name with which the estate is known, if it has any special.

b) Nature of the building.

c) Situation, with concrete indication of the place in which the farm will be located, public road to which it will face and numbers which correspond to it, in urban areas, and the place, with expression of the polygon and cadastral parcel, if any possible, in the rustic.

d) Linderas.

e) Surface.

f) In buildings, features, news about their construction and conservation status.

g) In the case of public roads, the inventory shall contain the data necessary for its individualisation, with particular reference to its limits, length and width.

h) Use class on rustic farms.

i) Nature of public domain or patrimonial, with expression of whether it is goods of use or public service, property or communal.

j) Title by virtue of which the Entity is attributed.

k) Signatures of registration in the Land Registry, in case it is registered.

l) Destination and arrangement that you have disposed of.

m) Actual rights constituted in your favor.

n) Real rights to be taxed on the farm.

n) Personal rights constituted in relation to the same.

o) Date of acquisition.

p) Cost of acquisition, if it has been for consideration, and investments made and improvements.

q) Value to be sold to the real estate, and

r) Fruits and rents I produced.

Art. 21.

The actual rights inventory will comprise the following circumstances:

a) Nature.

b) Infurniture on which you are restaying.

c) Content of the right.

d) Acquisition title.

e) Signatures of the registration in the Land Registry.

f) Cost of acquisition, if it has been onerous.

g) Current value, and

h) Fruits and rents I produced.

Art. 22.

The inventory of movable property of a historical, artistic or economic value shall express:

a) Description in order to facilitate your identification.

b) Indication of the reason for its artistic, historical or economic value, and

c) Place in which you will be located and under whose responsibility you will be guarded.

Art. 23.

The inventory of transferable securities shall contain the following determinations:

a) Number of titles.

b) Class.

c) The issuing Body or Entity.

d) String and numbering.

e) Date of acquisition.

f) Price of the same.

g) Nominal capital.

h) Effective value.

i) Fruits and rents I produced, and

j) Place in which they are deposited.

Art. 24.

By inventorying the Corporation's personal rights and credits, they will be expressed:

a) Concept.

b) Name of the debtor.

c) Value.

d) Acquisition title, and

e) Due, if any.

Art. 25.

Vehicle inventory will detail:

a) Class.

b) Mechanical, animal or manual traction.

c) Matriculation.

d) Acquisition title.

e) Destination.

f) Cost of acquisition, if any, and

g) Current value.

Art. 26.

The inventory of the semi-moving assets shall be reported:

a) Species.

b) Number of heads.

c) Marks, and

d) Person in charge of custody.

Art. 27.

The inventory of movable property, not included in previous articles, shall be described succinctly to the extent necessary for its individualization.

Art. 28.

1. Under the heading of "Revertible Goods and Rights", they shall be provided with sufficient detail, according to their nature and without prejudice to referrals to other headings and inventory numbers, all those whose domain or enjoyment is to be reversed or be consolidated in the Entity arrived at a certain day or on the basis of a condition, so as to serve as a constant reminder to the Corporation to exercise in a timely manner the powers that correspond to them.

2. They shall relate in this part of the inventory, among other goods, to the conditional or term corporation, concessions and leases granted on municipal or provincial property.

Art. 29.

1. Whenever possible, flat and flat floor plans of buildings and parcelaries shall be lifted which shall graphically determine the situation, linderline and surface of the solar, non-built-up plots and of the rustic estates, with reference, in these, to vertices of third-order triangles or topographies or to the climaxing and fixed points of the terrain.

2. In any case, photographs, duly authenticated, shall be obtained of the historical, artistic or economic assets of considerable economic value.

Art. 30.

1. All documents that are endorsed by the inventory data and, in particular, the titles of the domain, the records of the linde and the valuation, drawings and photographs, shall be filed with the separation of the other municipal documentation.

2. The inventory of the place of the file in which the documentation concerned shall be entered shall be entered as the last item of inventory.

Art. 31.

Of the inventories provided for in the second paragraph of Article 17, a copy shall be left, in any case, in the respective Entity, another in the offices of the Corporation and another in the possession of the State Administration and the Community Standalone, as additional to the General of the corresponding Local Entity.

Art. 32.

1. The inventories shall be authorized by the Secretary of the Corporation with the approval of the President and a copy of the same and of their corrections shall be transmitted to the Administration of the State and the Autonomous Community.

2. In the relationships of inventoried goods of the Entities provided for in the previous article and which serve as the basis for forming the general inventory, the Secretary shall be given the signature of the Director or Administrator of the respective Entity.

Art. 33.

1. The rectification of the inventory shall be verified annually, and shall reflect the vicissitudes of all kinds of the goods and rights during that stage.

2. The verification shall be carried out whenever the Corporation is renewed and the result shall be entered at the end of the document, without prejudice to the lifting of additional minutes in order to disengage the responsibilities that may arise for the members. outgoing and, in their day, for incoming.

Art. 34.

The local Corporation's plenary session will be the competent body to agree on the approval of the already formed inventory, its rectification and verification.

Art. 35.

In the book of inventories and balances, the assets, rights and actions of the local entity and their alterations, as well as the situation of the asset and liabilities, will be reflected annually to determine the real estate in each financial year. economic.

Art. 36.

1. Local Corporations must register their real estate and real rights in the Land Registry, as provided for in the mortgage legislation.

2. It will be sufficient, to this effect, certification that, in relation to the inventory approved by the respective Corporation, issue the Secretary, with the approval of the President of the Corporation.

3. If there is no register of domain name, the provisions of articles 206 of the Mortgage Law, and 303 to 307 of its Rules of Procedure.

4. The Registrar of the Property, when they know the existence of goods of local Entities not duly registered, will be directed to the President of the Corporation, reminding him of the compliance with the provisions of paragraph 1 of the present Article.

5. The fees of the Registrar for the registration or registration of goods of the local entities will be reduced by half.

Section 2. Administration

Art. 37.

1. The transferable securities shall be kept in the flow box, under the responsibility of the three members.

2. Where the Corporation of the Corporation agrees, the securities deposit may be made in banking establishments where the State is involved.

3. Deposit safeguards will be retained in the Local Entity Box.

Art. 38.

The local authorities shall have the power to exploit the assets of their property and shall carry out the conservation and promotion service thereof, all in accordance with the provisions of the specific legislation on mountains and Forest exploitation.

Art. 39.

1. The local authorities correspond to the afforestation, management and improvement of the mountains of their belonging, whether declared as public utility, with the intervention of the State Administration or the Autonomous Community in the plans and works according to the legislation of the mountains.

2. If, in order to comply with such purposes, they require the assistance or collaboration of the Administration of the State or the Autonomous Community, they may be established with these or with the public entities exercising their forest rights. agreements that you create convenient.

3. Local entities possessing a public utility, declared or not of a public utility, unpopulated on a surface equal to or greater than 100 hectares, must proceed with their own means or with the aid or collaboration referred to above, to the restocking of a quarter of that area, in accordance with the rules laid down by the competent agricultural administration.

4. If they do not do so, in spite of the collaboration of the Administrations of the State or the Autonomous Community, they will be able to carry out on their own the repopulation to which the local Entity is obliged, granting to the same option to acquire the property of the assembled mountain, by means of the return, with or without interest, of the capital invested, deduction made, if any, of the part awarded as a grant or reserve a participation in the arboreal masses created according to the value of the soil.

Art. 40.

1. The repopulation of all types of local entities may also be carried out by means of a consortium with private individuals, whether or not they are neighbours of the municipality in whose term they are located and acting individually or in partnership.

2. The initiative of forming a consortium for the repopulation may come from the Entity that owns the goods, the forest administration or the private individuals.

3. The repopulation shall be carried out in accordance with the rules laid down by the competent forestry administration.

4. The distribution of the products of the mountain shall be carried out between the owner's entity and the private individuals who have been established with the same in the proportions to be fixed, which may be limited to that which the land would have had before restocking.

5. The consortium between the local authorities and the individuals must be formalized in public deed and entered in the Land Registry, without whose requirements it will lack effectiveness.

Art. 41.

The use of the wealth of science or fish farming will be regulated by the applicable special legislation and by the regulatory regulation of the hiring of local corporations.

Art. 42.

Without prejudice to the provisions of the foregoing Articles, the local Corporations shall observe in the administration of their patrimony the rules laid down by the various organs of the State Administration or the Autonomic their competence for the best use or scheme of forests, mountains, arable land or other goods, whatever their nature.

Art. 43.

The wealth management accounts will be formed, rendered and audited in the manner provided in the local law regulatory legislation.

Section 3. Prerogatives Of Local Entities with respect to their assets

Art. 44.

1. It is for the municipalities, provinces and islands, in any case, and other local authorities of a territorial nature, in the event that the laws of the Autonomous Communities so provide, the following powers in relation to their goods:

a) The power of investigation.

b) The power of unlinde.

c) The power of recovery of trade.

d) The power of administrative eviction.

2. For the defence of their assets and to ensure the proper use of the assets, local corporations may also establish and impose penalties in accordance with the provisions of the applicable sectoral rules.

Art. 45.

Local corporations have the power to investigate the situation of the goods and rights that are presumed to be owned, provided that the property is not included, in order to determine the ownership of the property.

Art. 46.

The exercise of the research action may be agreed:

1. Of course, by the Corporation itself, at the initiative, if any, of any other Administration which, by virtue of the duties of mutual information and collaboration, puts in its knowledge the facts, acts or circumstances that serve as a basis for the exercise of that action.

2. º By denunciation of individuals.

Art. 47.

In order to allow the complaint filed by the individual to be accepted, it is necessary to anticipate the amount of the expenses in the amount deemed necessary, which will not be less than 10,000 pesetas or exceed 100,000.

The Corporation is required to provide detailed justification for the expenses incurred and to return, if any, the excess.

Art. 48.

Received the complaint or communication, and before agreeing the opening of the file, a preliminary study will be carried out on the provenance of the exercise of the research action.

Art. 49.

1. The initiation agreement of the investigation file will be published in the "Official Gazette" of the province and in the municipality, if it exists, with the expression of the characteristics that allow the identification of the right or right under investigation. A copy of such bulletins shall be displayed on the notice board of the Corporation in which they radiate the goods for a period of 15 days.

2. The agreement to initiate the file will be transferred to the State Administration and the Autonomic Administration, so that, if necessary, they can assert their rights and allege that they have received it.

Art. 50.

Within one month, counted from the day following the publication of the notices on the Corporation's board, the persons affected by the investigation file may be entitled to plead in writing. how much you consider your right to the Corporation to be appropriate, accompanying all documents in which you merge your claims.

Without prejudice to the provisions of the previous paragraph, in the event that they are affected by the investigation file which are known and identifiable, they shall be notified in person.

Art. 51.

Elapsed the term indicated in the previous article shall open a probationary period, in which the following elements shall be admissible:

1. The public court, notarial or administrative documents granted under the law.

2. The recognition and expert opinion.

3. The witness statement.

By freeing the testimonies and certifications to be issued by the Notaries and Archiveros, the judicial mandate and the summons of the interested parties or the Prosecutor's Office should be given, if necessary.

Art. 52.

The relevant evidence, and valued by the services of the Corporation, shall be made manifest by the end of ten days to the persons to whom the investigation will be affected and to have appeared in it, so that within that period they allege what they see fit for their right.

Art. 53.

The resolution of the investigation file corresponds to the competent body of the Corporation, prior to the report of the Secretary. If the resolution is favorable, the property or right is assessed, its inclusion in the inventory, and the adoption of the measures aimed at the effectiveness of the rights of the Corporation.

Art. 54.

1. Persons who promote the exercise of the research action shall be paid, as an award and compensation of all expenses, 10 per 100 of the liquid value that the Corporation obtains from the disposal of the goods under investigation.

2. If, for any reason, the property under investigation is not sold, the prize provided for in the previous article shall be replaced by the amount of 10 per 100 of the value of the property of the estate that is recorded in the file.

Art. 55.

1. Knowledge of matters of a civil nature arising from the investigation carried out shall be the responsibility of the ordinary jurisdiction.

2. Those affected by the decision of the investigation file may contest it on a legal-administrative basis.

3. The complainants may, in addition, have recourse to the agreements which the Corporation adopts on guarantees, awards and indemnities.

Art. 56.

1. Local Corporations shall have the power to promote and execute the disconnection between the assets of their membership and those of private individuals, whose limits appear imprecise or on which there are indications of usurpation.

2. The owners of the land adjoining farms belonging to the local entities or who are located within those lands can claim their dislinde.

Art. 57.

1. The statement of reasons shall consist of the practice of the technical verification operations and, where appropriate, the rectification of fully accredited legal situations.

2. Those operations shall be designed to delimit the farm to which it refers and provisionally declare the possession of the property in question.

3. Agreed the deslinde, will be communicated to the Registry of the corresponding Property, if the estate is registered, for it to be extended note of the agreement to the margin of the registration of the domain.

Art. 58.

The unlinde file will be initiated by agreement that will be taken before a Memory is examined, in which the following ends must necessarily be referenced:

1. º Deslinde Justification being proposed.

2. Description of the farm or farms, with the expression of their general lines, their interlocks, colindance and perimeter and surface area.

3. Title of property and, where applicable, certificate of registration in the Land Registry, and, in particular, post-office information which, if any, would have been carried out and acts of recognition concerning the possession in the local entity of the goods to be treated as a disliner.

Art. 59.

According to this Memory, a budget of expenditure of linings will be drawn up, being, if necessary, these expenses on behalf of the particular promoters. In this case, the conformity of the file must be expressly stated in the file.

Art. 60.

Agreed by the Corporation, the agreement will be notified to the owners of the adjoining farms and also, where appropriate, to the holders of other real rights constituted on the same.

Art. 61.

1. Without prejudice to that notification, the "Official Gazette" of the province, the "Official Gazette" of the municipality and the bulletin board of the City Council shall be announced on the "Official Gazette", 60 days in advance of the date set for the beginning of the operations.

2. The deslinde notice shall necessarily contain the data necessary for the identification of each farm and the date, time and place at which it is to begin.

Art. 62.

1. Interested parties may submit to the Corporation how many documents they provide for the testing and defence of their rights up to 20 days prior to the commencement of operations.

2. No document or claim shall be admissible after that period.

Art. 63.

From the day on which the filing deadline expired to the one indicated to start the deslinde, the Corporation will agree on the relevant documents and other evidence.

Art. 64.

1. On the date indicated, the apee shall begin, with the attendance of a technician with an appropriate optional title and the practicalities which, if any, the Corporation has designated.

2. The apee will consist of precisely fixing the farm's borders and extending the minutes.

3. The minutes shall contain the following references:

a) Place and time when the operation is beginning.

b) Name, last name, and representation of the concurrent.

c) Description of the land, work done on the same and instruments used.

d) Direction and distances from perimeter lines.

e) Situation, approximate place of the farm and special names, if you have them.

f) Manifestations or observations to be formulated.

g) Time at which the unlinde is shut down.

4. On the site where the operations have been carried out, the Secretary of the Corporation shall draw up such minutes, which shall be signed by all those gathered.

5. If the apec cannot be terminated on a single day, the operations shall continue during successive or other operations which are agreed, without the need for a new summons, and for each of them the corresponding minutes shall be drawn up.

6. After the deslinde, the record or the minutes raised and a plane, at scale, of the farm object of that one shall be incorporated to the file.

Art. 65.

The unlinde settlement agreement will be enforceable and may only be challenged on a legal-administrative basis, without prejudice to the fact that those who are injured in their rights may be entitled to them in the ordinary jurisdiction.

Art. 66.

The administrative procedure for deslinde is initiated, judicial proceedings cannot be instituted with the same pretense, nor are any interdics to be allowed on the possession of the property until such time is taken.

Art. 67.

Once the unlinde approval agreement is firm, the amojoning will proceed, with the intervention of the stakeholders.

Art. 68.

If the farm of the local Corporation referred to in the deslinde is registered in the Land Registry, the administrative district shall also be entered, duly approved, concerning the property.

If the estate of the local Corporation is not registered, the registration of the certificates as provided for in Article 36 of this Regulation shall be entered in the prior registration of the written title of the same, or in the absence thereof, of the certificates provided for in Article 36 of this Regulation.

following shall be entered in the following seat:

Art. 69.

1. The local corporations shall promote the unlinde of the publicly listed public funds, which shall be carried out in accordance with the special provisions governing it.

2. Except for the exception of the preceding paragraph, the local Corporations shall be governed by this Regulation to practice the dislinings of their farms, whatever the nature and characteristics of these farms.

Art. 70.

1. Local corporations will be able to regain ownership of their public domain assets at any time.

2. In the case of property assets, the time limit for recovery shall be one year, the day after the date on which the usurpation had occurred, and the corresponding action shall take place before the courts. ordinary.

3. No interdications are allowed against the actions of the Agents of the Authority in this field.

Art. 71.

1. The procedure for the recovery of possession may be initiated in the manner provided for in Article 46.

2. Recovery on an administrative basis will require prior agreement of the Corporation, to which the documents of the possession will be accompanied, except that it will be tried to repel recent usurpations.

3. This privilege enables local Corporations to use all legally admitted means, without prejudice to the fact that if the usurpatory facts appear to be a crime, they will be brought to the attention of the judicial authority.

4. As far as the heritage public is concerned, the provisions of the special legislation will be in place.

Art. 72.

Local corporations may carry out the investigation, the statement and claim of the assets located outside the jurisdiction of their jurisdiction, by means of an appeal to the Entity in whose territory they are located, to ensure that the relevant acts are developed through mediation.

Art. 73.

Local corporations will not be able to break into court lawsuits that affect the domain and other real rights that belong to their assets.

CHAPTER IV

Enjoy and leverage assets

Section 1. Use of Public Domain Goods

Art. 74.

1. The use of the domain and public use goods shall be governed by the provisions of this section.

2. The use of public service goods shall, first and foremost, be governed by the rules of the Services Regulation of the local entities and subsidiary to those of the present.

3. The rules of the Services Regulation shall also be of preferential application where the use of public goods is only the basis necessary for the provision of a municipal or provincial public service.

Art. 75.

In the use of the public domain goods will be considered:

1. Common use, corresponding equally to all citizens interchangeably, so that the use of some does not impede that of other stakeholders, and will be estimated:

a) General, when no singular circumstances are present.

(b) Special, if circumstances of this nature are present because of the danger, intensity of use or any other such.

2. Proprietary use, the one constituted by the occupation of a portion of the public domain, so that limit or exclude the use by the other interested parties.

3. Normal Use, whichever is the primary destination of the public domain to which it affects.

4. No abnormal use, if not in accordance with that target.

Art. 76.

The general common use of public domain goods shall be exercised freely, in accordance with the nature of the goods, to the acts of affectation and openness to public use and to the laws, regulations and other general provisions.

Art. 77.

1. The normal special use of public domain goods shall be subject to a licence, adjusted to the nature of the domain, to the acts of affectation and openness to public use and to general provisions.

2. Licences shall be issued directly, except where the number of licences is limited by any circumstances, in which case they shall be by invitation to tender and, if not possible, because all the authorised persons have met the same conditions, by drawing.

3. Licences shall not be transferable which relate to the personal qualities of the subject or whose number is limited; and the other, whether or not to be provided for in the Ordinance.

Art. 78.

1. They shall be subject to administrative concession:

a) The proprietary use of public domain goods.

b) The abnormal use of them.

2. The concessions shall be granted subject to prior invitation to tender, in accordance with the following Articles and with the rules governing the procurement of local Corporations.

Art. 79.

In no case may any grant or license be granted for an indefinite period. The maximum duration of the concessions shall be ninety-nine years, unless otherwise specified by the special rules.

Art. 80.

In any concession on public domain goods, the terms under which it will be granted shall be fixed, and without prejudice to those which are deemed appropriate, they shall consist of:

1. The object of the grant and limits to which it will be extended.

2. The works and facilities which, if any, are to be carried out by the person concerned.

3. The term of use, which shall be of a non-renewable nature, without prejudice to the provisions of the special rules.

4. th Duty and the privileges of the concessionaire in relation to the Corporation and those that are contracted.

5. Yes, by using private services intended for the public, which would have to be governed, with the breakdown of their constituent factors, as a basis for future reviews.

6. th If grant, class and amount of the grant are awarded, time limits and forms of delivery to the person concerned.

7. Second Canon to satisfy the local Entity, which shall have the character of the fee, and shall behave the duty of the concessionaire or authorized to pay the amount of damages to be caused to the same goods or to the use general or service to which they are intended.

8. th Obligation to maintain in good condition the portion of the domain used and, if any, the works it will build.

9. th Reversion or not of works and installations at the end of the term.

10. Power of the Corporation to leave the concession without effect before the expiration, if it is justified in circumstances beyond the public interest, by means of compensation of the damages that will be caused, or without it when it does not proceed.

11. Grant of the concession, except for the right of ownership and without prejudice to third parties.

12. Penalties in case of a minor, serious or very serious breach of their duties by the person concerned.

13. Obligation of the concessionaire to leave and leave free and vacuous, at the disposal of the Administration, within the time limit, the goods subject to the use and the recognition of the power of that to agree and execute the launch itself.

Art. 81.

The concessions that will be granted without the formalities that are established in the following articles, and for the purposes not provided by them, will be null and void in the regulations governing the hiring of the local Corporations.

Art. 82.

1. Where a person, on his own initiative, is seeking a private and normal occupation of a public domain, he must present an explanatory note of the use and its purposes, and the justification for the convenience and normality of those persons. for the target of the domain to be used.

2. The Corporation shall examine the request and take into account the public interest, accept it or reject it.

Art. 83.

1. Admitted, in principle, the convenience of the occupation, the Corporation will commission to its technicians the drafting of the corresponding plan, or will call contest of projects for the minimum period of one month and in the form arranged by the regulations regulatory for the procurement of local Corporations.

2. If you opt for the latest solution, at the contest's bases you can offer:

a) Acquire the project by paying a certain amount.

(b) Force to which the successful tenderer is awarded the execution of the project or pay the amount of the project; or

(c) the law of the award of the award, in accordance with the provisions of paragraph 2 of Article 88.

Art. 84.

The project, written by the Corporation or by individuals, will contain the following data and documents and the others that I will determine:

a) Supporting memory.

b) Representative Planes of the situation, dimensions and other circumstances of the portion of the public domain object of occupation.

(c) Details of the works which, if any, would have been executed.

d) Valuation of the part of the public domain to be occupied, as if it were private property.

e) Budget.

(f) Statement of conditions, if any, for the performance of the works.

(g) Statement of the conditions to be applied for the concession in accordance with Article 80.

Art. 85.

In the event that a project contest has been called, the Corporation shall choose, in accordance with its bases, that which is most appropriate to the public interest, and may make the modifications it considers to be appropriate.

Art. 86.

1. If the contest grants any of the benefits referred to in Article 83 (2) (b) and (c), the project chosen shall be subject to a contract by Peritos, appointed, one by the Corporation, and the other by the successful tenderer, and, if mediare discord, will be resolved by the Provincial Expropriation Jury.

2. The assessment shall include the material costs of any species which may cause the drafting of the project, as well as the fees of the optional person who has drawn up the project, in accordance with the tariffs which the project or, failing that, may use. and custom for similar works, increased by the legal interest of such valuation from its presentation, by 10 per 100 profit and by the costs of appraisal.

Art. 87.

1. Approved by the Corporation the project which, written by it or by individuals, has to serve as a basis for the concession, will be called to tender to award it.

2. Any person, in addition to the presenters, may take part in the invitation to tender for projects in the previous competition if it has been concluded.

3. The provisional guarantee shall consist of 2 per 100 of the value of the public domain under occupation and, in addition, of the budget of the works which, if necessary, have been carried out.

4. There shall be a public information, for 30 days, of the project to be used for the award and the basis of the invitation to tender.

5. If the project provides for a grant to the concessionaire, the invitation to tender shall first cover the reduction in the amount of the concession.

6. In another case and in the case of equality in the lower:

(a) If, by occupation, no private provision has been made to the public or is not payable, the invitation to tender shall refer to the improvement in the annual fee due to the local authority for the public domain occupied and, in Case of a tie, reduction of the time of the concession, or

(b) If the occupation is to serve as a basis for private provision to the public and is not applicable, the invitation to tender shall cover the coverage of the rates-rates indicated in the draft and, in the case of a tie, successively, at each end referred to in the preceding paragraph.

7. The tenderers shall submit, in separate cases, their proposals on each of the ends which the tender shall contain, in accordance with paragraphs 5 and 6, indicating in the case to which they refer, to limit the opening to the which are relevant.

8. The Corporation may, however, provide that the invitation to tender shall relate simultaneously to all or several of the ends referred to in paragraphs 5 and 6 or to other matters which I shall order, each of them being assigned one or more points fixed at the bases of the call to make the award to whom the highest score is obtained.

Art. 88.

1. The initial petitioner referred to in Article 82 shall have the right to vote if he participated in the invitation to tender and between his economic proposal and the result of his choice there shall be no difference of more than 10 per 100.

2. The right itself shall correspond in the same circumstances to the holder of the project which has been chosen in the course of the previous project, if it has been concluded, if the right of the project holder has been awarded to him, as a prize, as a result of the provided for in Article 83 (2) (c).

3. This right may be exercised in the act of opening a fold, which shall be extended to 30 minutes after the provisional award.

4. If the persons referred to in paragraphs 1 and 2 are used by the right of the same person, the two shall be awarded to the person who has submitted the most economic proposal, and if there is a tie between the two, it shall be settled in the form of a bid (a) in the regulatory framework for the procurement of local corporations, on the basis of the proposal on which the right privilege is to be exercised.

5. The minutes of the invitation to tender shall state whether or not the right of entry was made.

Art. 89.

The concession will be granted by the competent body of the Corporation. A favourable vote of an absolute majority of the legal number of members of the Corporation shall be required where the concession lasts for more than five years, provided that the amount exceeds 10 per 100 of the ordinary resources of the budget.

Art. 90.

1. The final guarantee to be awarded to the successful tenderer within the period of 15 days following the notification shall be 3 per 100 of the value of the public domain concerned and, where appropriate, of the budget of the works to be run.

2. The security shall be returned to the concessionaire, if he is to make the works of the local authority, when he or she has provided them with a value equivalent to the third part of the concession.

3. Within 15 days, the concessionaire shall pay the value of the project's assessment, if it is ordered by the tendering procedure or has obtained the award under the terms of paragraph 1, in relation to Article 4 of the 88.

4. The final guarantee and, where applicable, the value of the project, the concession shall be formalised in accordance with the rules governing the procurement of the local corporations.

Art. 91.

Where an abnormal occupation of public domain goods is intended, it shall be carried out in accordance with the provisions of Articles 80 to 89, with the following amendments:

(a) The Memory of Articles 82 and 84 shall justify the public convenience of the use in respect of the normal use of the domain.

(b) In the assessment of the public domain which is to be occupied in accordance with Article 82, the damage and damage caused by the occupation to normal use shall also be justified separately.

(c) The provisional guarantee for taking part in the invitation to tender shall be 2 per 100 of the previous assessment and the budget of the works which, if necessary, shall be made.

d) The final guarantee will be 5 per 100 on the above bases.

Section 2. Use of heritage assets

Art. 92.

1. The lease and any other form of disposal of the use of property assets of the local entities shall be governed, in any case, in respect of their preparation and adjudication by the regulations governing the contracting of the local entities. An auction shall be required provided that the duration of the transfer is more than five years or the stipulated price exceeds 5 per 100 of the ordinary resources of the budget.

2. In any case, the user shall satisfy a fee of not less than 6 per 100 of the value for sale of the goods.

Art. 93.

1. The local corporations which, under any title and on property of their membership, have divested housing to their staff for the purpose of the services they provide, shall terminate the occupation when, on the basis of an examination of the file, it is established that is in any of the following causes:

(a) A two-year stay in the situation of voluntary leave without the immediate application of the time limit for the timely reentry.

(b) All that according to the current regulations imply the extinction of the employment relationship.

c) Extinction of the title under which the local Corporation was transferred to its officials.

2. It will be up to the Corporation to agree and execute the eviction itself.

Section 3. From harnessing and enjoying communal goods

Art. 94.

1. The use and enjoyment of communal property shall be carried out precisely under common exploitation or collective cultivation.

2. Only where such enjoyment is impracticable shall one of the following forms be adopted:

a) Peculiar use, according to local custom or regulation, or

b) Batch or luck award.

3. If these modalities are not possible, the award will be made by price.

Art. 95.

Each form of use shall be adjusted, in its detail, to the local ordinances or customary rules traditionally observed, or to which, where appropriate, the competent authority of the Autonomous Community is approved, each case, heard by the Council of State or the higher advisory body of the Governing Council of that Council, if it existed.

Art. 96.

The common exploitation or collective cultivation will involve the general and simultaneous enjoyment of the goods by those who have the quality of neighbor at every moment.

Art. 97.

The batch or luck award will be made to the neighbors in direct proportion to the number of people who are in charge and inverse of their economic situation.

Art. 98.

1. The award by price shall be authorized by the competent authority of the Autonomous Community, and shall be carried out by public auction in which the non-residents, on an equal footing, have a preference for the neighbouring bidders.

2. In the absence of tenderers, the award may be made directly.

3. The product will be used for services that are useful to those who have the right to use it, without being able to be removed by the Corporation more than 5 per 100 of the amount.

Art. 99.

In extraordinary cases, and prior to the municipal agreement adopted by the absolute majority of the legal number of members of the Corporation, an annual fee may be set to be paid by the neighbors for the use of the lots to award them, in order to strictly compensate for expenses arising from the custody, conservation and management of the goods.

Art. 100.

1. If the communal property, by its nature or by other causes, has not been subject to such enjoyment for more than ten years, even if there has been an isolated act of use in one of them, they may be devoid of the character of the communal under the agreement of the respective Corporation. This agreement will require public information, favorable vote of the absolute majority of the legal number of members of the Corporation and subsequent approval by the Autonomous Community.

2. Such assets, in the event of being classified as property, must be leased to those who commit to their agricultural use, giving preference to the residents of the municipality.

Art. 101.

For the formation of plans for the management and use of communal property, the provisions of Article 42 shall be taken into account.

Art. 102.

The cession for any title of the use of communal goods must be agreed by the plenum of the Corporation, requiring the favorable vote of the absolute majority of the legal number of members.

Art. 103.

1. The right to the use and enjoyment of communal property, in any of its modalities, will correspond simultaneously to the neighbors without distinction of sex, marital status or age. Foreigners domiciled in the municipality will also enjoy these rights.

2. Local councils and local councils that have been ordering the enjoyment and use of communal property, through periodic concessions to neighbors of good or short wood, according to customary rules or local ordinances. Traditionally observed, they may require those, as a precondition to participate in the indicated forest use, certain conditions of linkage and rooting or permanence, according to local custom, provided that unique conditions and the maximum amount of the lots or lots are fixed in Ordinance (a) special provisions, which will require the approval of the competent authority of the Autonomous Community, which shall grant or refuse the approval of the Council of State or the higher advisory body of the Governing Council of the Autonomous Community, for its entry into force; exists.

Art. 104.

In the cases in which the Public Administrations responsible for reform and agrarian development award property to the local corporations to be used for community purposes or use, the Municipal powers shall be exercised in compliance with the specific requirements laid down in sectoral legislation.

Art. 105.

When the competent administration acquires farms to receive populations transferred as a result of the execution of public works, the product of the disposal or expropriation of municipal property of all kinds that they are affected shall be applied for the purposes referred to in paragraph 2 of Article 96 of the Compulsory Expropriation Act of 16 December 1954.

Art. 106.

Some of the communal goods may be bounded for specific purposes, such as teaching, school recreation, hunting or helping the neighbors in need. The extent of such cotes and their peculiar legal regime shall be in accordance with the provisions of the applicable sectoral legislation.

Art. 107.

Local corporations may exercise the right of tanteo in the auctions of excess pasture and communal and heritage land within the five days following the invitation to tender, with these conditions:

a) That they agree to the award in the maximum posture offered by the concurrent.

b) To hold the distribution or the distribution of the enjoyment and the payment of the auction.

Art. 108.

1. In the case of forest-based goods which, in order to promote their tree restoration, may be used for the purposes of clearing and grilling, agricultural use may be authorised under these conditions:

1. That the authorization is temporary and the effective restoration and improvement of the predium is obtained with it.

2. The cultivation is carried out directly by the authorized persons or by those with whom they live in their home.

3. That the use of any plot in favour of the same user does not exceed five years.

2. In addition to all works and personal benefits which are immediately related to the cultivation of the parcels, the authorised parcels must be carried out in such a way as to determine the operations of the improvement of the forest administration, or at the request of the City Council.

CHAPTER V

Disposal

Art. 109.

1. Property assets may not be transferred, taxed or lost without the authorization of the competent authority of the Autonomous Community, where its value exceeds 25 per 100 of the ordinary resources of the annual budget of the Corporation. However, the competent authority of the Autonomous Community shall be given any ownership of immovable property.

2. Property assets may not be transferred free of charge to public entities or institutions for purposes which are in the interests of the inhabitants of the municipality, as well as to private institutions of public interest without encouragement. for profit. The competent authority of the Autonomous Community shall also be taken into account of these disposals.

Art. 110.

1. In any event, the free transfer of the goods shall require an agreement adopted with the favourable vote of the absolute majority of the legal number of members of the Corporation, subject to the instruction of the file in accordance with these requirements:

(a) documentary evidence by the Entity or Institution requesting its public character and demonstrative memory that the purposes it pursues must be clearly and positively in the interests of the inhabitants of the municipal term.

b) Certification of the Register of the Accredited Property that the goods are duly registered as the property of the local Entity.

c) Certification of the Secretary of the Corporation in which the goods are listed in the inventory approved by the Corporation with the above legal status.

d) Report of the Financial Controller in which it proves that there is no outstanding debt of settlement from the municipal budget.

e) Opinion subscribed by a technician who claims that the goods are not covered by any plan of ordination, reform or adaptation, are not necessary for the local authority or are foreseeable in the ten years immediate.

f) Public information for a period of not less than 15 days.

2. The transfer of solar power to the competent Agency for the promotion of housing for the purpose of building official protection houses shall normally be the form of the swap of land for the equivalent number of those who have been built and, where this is not possible, the free transfer shall not require compliance with the requirement (d) of the preceding paragraph.

Art. 111.

1. If the assets transferred are not intended for use within the time limit specified in the transfer agreement or cease to be so later, the transfer shall be deemed to be settled and shall be reversed by those to the local corporation, which shall be entitled to receive the Beneficiary entity, after expert assessment, the value of the assets experienced by the assets transferred.

2. If the transfer agreement does not provide otherwise, it shall be understood that the purposes for which they were granted shall be met within the maximum period of five years, and their destination shall be maintained for the following 30 years.

3. The assets transferred shall, where appropriate, revert to the Heritage of the transferor with all their belongings and accessions.

Art. 112.

1. The disposal of assets shall be governed by the preparation and award of the rules governing the procurement of local corporations.

2. The auction shall not be necessary in cases of disposal by means of permuse with other real estate assets, subject to a record showing the need to carry it out and that the difference in value between the goods in question is not greater than 40 per 100 of the largest.

Art. 113.

Before the procedures leading to the disposal of the building begin, the physical and legal situation of the building will be cleaned up, if necessary, if necessary, and by registering in the Land Registry if necessary. was not.

Art. 114.

In any event, the disposal of goods whose value exceeds 10 per 100 of the ordinary resources of the budget shall be agreed with the vote of the absolute majority of the legal number of members of the budget. Corporation.

Art. 115.

1. The remaining parcels referred to in Article 7 shall be sold by direct sale to the owner or owners who are adjoining or permused with land.

2. If there are several adjacent owners, the sale or swap shall be made in such a way that the resulting parcels are in accordance with the most rational soil management criteria, according to technical advice.

3. If any owner refuses to acquire the parcel that corresponds to it, the Corporation may expropriate its land in the manner provided for the regulation of solar to which effect it will be required, in each case, to the relevant technical opinion.

Art. 116.

1. They shall not involve the disposal or taxation of land parcels of the municipal heritage in favour of day laborers, even if the enjoyment of the land has to last for more than ten years, or those that are granted to neighbours to plant trees in land of the same heritage not listed as public utility.

2. Such disposals will have to be agreed upon by the Full City Council with the favorable vote of an absolute majority of the legal number of members of the Corporation.

3. The cessionary neighbors will, where appropriate, be owners of the tree that they grow, and during the first five years they will be able to narrow the plots planted to preserve the cattle. If this act adversely affected communal advantage and there were complaints from neighbors, the cession will be suspended until the agreement of the Full City Council is placed on it.

Art. 117.

When it comes to enajenations or encumbrances that refer to monuments, buildings and objects of artistic or historical nature, it will be necessary the prior report of the competent state or regional organ according to the legislation on historical and artistic heritage.

Art. 118.

It will be a prerequisite for any sale or permuse of property assets, the technical valuation of the same ones that accredit in a fehaciente way its justiprice.

Art. 119.

Any falsehood or misrepresentation, with respect to the character and legal nature of the goods intended to be disposed of or to change, shall be punishable under the Criminal Code.

TITLE II

From eviction by administrative path

Art. 120.

The extinction of the rights constituted on public or communal property of the local Entities, by virtue of authorization, concession or any other title and of the occupations to which they have given place, shall be carried out by the Corporations, in any case, by administrative means, through the exercise of its coercive powers, upon compensation or without it, as appropriate, in accordance with the law.

Art. 121.

1. The forced expropriation of rustic or urban estates, land or buildings will result in the extinction of the leases and any other personal rights relating to the occupation.

2. The expropriation of goods which are intended to carry out works or the establishment of public services shall be understood as being understood in the preceding case.

3. The holders of the extinguished occupation rights shall be evicted in accordance with the rules of this Title.

Art. 122.

The competition and the procedure to dispose of the eviction, fix the compensation and carry out the launch will have administrative and summary character, and the exclusive competence of the local Corporations will prevent the Intervention by other Bodies which are not those provided for in this Title, as well as the admission of shares or resources by the ordinary Courts except in the cases provided for in the Compulsory Expropriation Act.

Art. 123.

1. From the moment the expropriation of the estate is agreed upon, the local Corporation will refrain from establishing or continuing with the occupants any relationship that is expressly lessor and to initiate it with those who will not hold that condition.

2. Nor will it be possible to tacitly acknowledge or validate situations in fact created before or after the start of expropriation.

Art. 124.

1. To qualify as housing or business premises the departments that exist in the expropriated properties will be in accordance with the Law on Urban Leases.

2. Formally raised the disagreement on this qualification, the person concerned may assert his rights by using the resources which he has obtained on the administrative basis, without suspending the substantiation of the file.

Art. 125.

1. The fixing of the amount of the compensation shall be dealt with simultaneously with the expropriation of the property, and the eviction, unless the owner's consent, cannot be effected until the value of the property has been paid or deposited. justiprice.

2. Exceptionally, local corporations may anticipate the date of the eviction of the farm, and, in this case, will be subrogated to the obligations of the occupants in respect of the owner until the expropriation of the right of this.

Art. 126.

1. In order to fix the compensation, an agreement will be sought with the interested parties or their legal representatives, to which effect they will be required to make, within 15 days of the notification, a proposal on the amount of that and the time required to vacate.

2. If the local Corporation considers the proposal to be binding, it shall be fulfilled in the terms that will be accepted.

3. However, the fixing of the price by mutual agreement can be verified at any moment of the file until the Jury of Expropriation decides on the fair price and produced the mutual agreement will have without effects the actions that have verified the determination of the same.

4. The indemnity which the Corporation and the holder of the right to occupation freely agree on in agreement may not exceed the double that results from the application of the rules in paragraphs (a) and (b), as appropriate, in paragraph 2 of Article 128.

5. The Corporation, in formulating the requirement referred to in paragraph 1, shall also warn the holder of the occupation, and in his/her person all who are affected, that they must vacate the farm within five months of the notification.

Art. 127.

When an agreement is not reached, the amount of the compensation shall be fixed, as provided for in the Compulsory Expropriation Act.

Art. 128.

1. The amount of the allowance shall be fixed by the lessees and, in general, the holders of personal rights relating to the occupation of the property, housing or business premises must remove them within the term which runs until the end of the period referred to in paragraph 5 of Article 126.

2. On the expiry of that term without the amount of the compensation having been fixed, the Corporation may also execute the eviction, on entry into the Local Entity's Fund or the General of Deposits of the respective quantity under to the following rules:

(a) In dwellings, the equivalence of a rental year, plus an amount equal to the amount of one month of rent, according to the average of the last three years, for each annuity or fraction of the term of the contract, increased all with 3 per 100 of the condition.

(b) If this is a business premises, the above percentages shall be doubled, and, as a result of the damage and damage that may arise, a further amount shall be deposited which does not exceed twice the amount of the i will be for the right to rent.

Art. 129.

1. When the time limit for the loss of the property, housing or business premises is exhausted, the Corporation, if the compensation is fixed, shall deposit it in the local entity's cash or at the General Deposit Box, and if it is not the quantities from which, pursuant to paragraph 2 of Article 128.

2. Verified the deposit will be required to the interested party so that within ten days it will evict the property, housing or local.

3. In the event that the compensation has been fixed by agreement, the failure to comply with the eviction period shall not prevent the Corporation from executing the eviction prior to the deposit of the agreed amount.

Art. 130.

1. If, in spite of the request addressed to those who occupy the property expropriated, with or without title, they will not be evicted within the respective deadlines, the Corporation will proceed, in itself, to execute the eviction by administrative means.

2. Within eight days after the expiry of the period granted, according to the previous article, without the interested party having evicted the premises, housing or business premises, the President of the Corporation will warn him of launching in the Five more.

3. The day set for the launch of the Corporation will be executed by its own means to which the written order of the President will suffice, from which the interested party will be given copy.

Art. 131.

1. The expenses to which place the launch or deposit of goods shall be of account of the eviction.

2. The Corporation will retain the assets it deems sufficient to pay for the payment of the execution expenses of the eviction and may be entitled to them for the award procedure.

Art. 132.

Those affected by the expropriation and eviction procedures of the local corporations will have all the judicial guarantees that the Compulsory Expropriation Law contemplates.

Art. 133.

1. Local corporations may expropriate lease rights and any other personal property relating to the occupation of property, for purposes related to public works or services.

2. It shall be sufficient for the expropriation, the agreement adopted by the Full City Council or the Provincial Council, prior to the file in which the need for the premises, premises or housing is established to be destined for any of the objects to which it is refers to the previous paragraph.

3. Articles 122 and following of this Regulation shall apply in the case referred to in this Article.

4. Where the Corporation disputes other premises or premises with similar characteristics, it may offer them to the authorities without the compensation referred to in Articles 126 to 128 of this Regulation, but if, in respect of the premises, the payment of damages.

Art. 134.

1. Local corporations may, on their own and on an administrative basis, resolve the lease agreements and any other personal rights constituted on farms of their membership in favor of their personnel in relation to the services they provide, in the cases referred to in Article 93.

2. No compensation shall be paid in the case referred to in the preceding number.

3. The eviction and launch procedure shall be carried out in accordance with the provisions of Articles 130 to 132.

Art. 135.

Local corporations will be able to resolve, by themselves, on the administrative basis, the rental contracts for official protection of their property, in the cases and forms provided for in the applicable special legislation.

ADDITIONAL PROVISIONS

First.

This Regulation shall enter into force on the day of its publication in the Official Gazette of the State.

Second.

1. The Local Entities Goods Regulations approved by Decree of 27 May 1955 are hereby repealed.

2. Likewise, it is expressly repealed as many provisions are contrary to the provisions of this Regulation in relation to the assets of the local entities.

TRANSIENT PROVISIONS

First.

The precepts of Title 1 and 2 of this Regulation shall apply to all cases in progress, and for all the formalities to be carried out on the basis of their publication.

Second

1. Local corporations which have not carried out the formation of their respective inventories shall conclude them within the maximum period of three years.

2. Real estate, of a demanial nature, even if not buildings, shall also be included in the inventory of all local Corporations within the maximum period of three years.