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20 Apr

Supreme Decree

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So no wonder it has expropriated farms included in concession road sections; an example of this is the Supreme Decree 123-2005-EF, as well as law No. 28688. While it is true, as has been demonstrated above, through the last five years has been defining a policy bogs; with the enactment of the law N 28728 of dated 09.05.2006 where formally declared public necessity is the expropriation of properties affected by the execution of road projects carried out by the Ministry of transport and communications; authorizing the expropriation to a generality of cases, process that has been tinged with exceptional measures by law N date 29190 04.10.2007 and law N date 29171 22.12.2007. To sum up, we are able to establish, that in General, from the time of the Republic there has been a policy of expropriation for the purposes of managing the construction of roads; the same as that date comes carried out with the support of private investment. As we can see, the forced expropriation contemplates the assumption in that determined the collision between the public interest and the private, in consideration of the first logical prevalence, is forced to arbitrate the appropriate legal procedure to promote legally mandatory transmission of the expropriated right and to do, consequently, effective for the particular fair compensation for. Involving the expropriation a legal result always identical, changes to their legislative bases come fundamentally already from the more or less wide conception of the field to which the public interest extends, already from technical advances that allow to refine the calculated procedure, and this, on the one hand, to end that find satisfaction demands of administrative efficiency, and secondly, to give effect to the guarantees of the individual, thus in the order of protection against expropriation irregular, as the recognition and payment of fair compensation which in principle is recognized. The mere indication that the forced expropriation is regulated in our country by a special law amply justifies the concern surrounding a possible and serious mismatch between the actual order of purposes and media that today frames the action of the Administration and the system of precepts that make up the current regulations.

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