Post by account_disabled on Mar 9, 2024 0:02:39 GMT -6
What does forced expropriation consist of? Forced expropriation consists of the deprivation of private property or of rights or legitimate interests held in property, whether for reasons of public utility or social interest. In other words, forced expropriation is configured as an administrative act regulated by the Law of on forced expropriation and, by the which approves the Regulation of the Law of Forced Expropriation , through which the State obtains against a person's will, coercively, their assets for reasons of public utility or social interest. It is important to highlight that to proceed with forced expropriation, the prior declaration of public utility or social interest of the purpose to which the expropriated object is to be affected will be essential. II. Who are those involved in a forced expropriation procedure? In a forced expropriation procedure the following are involved: The expropriator, constituted by the holder of the expropriation power. The beneficiary, who is the subject that represents the public or social interest for the realization of which he is authorized to urge the expropriating Administration to exercise the expropriation power, and who acquires the expropriated good or right.
The expropriated person, who is the owner or holder of real rights and direct economic interests over the expropriated thing, or holder of the right that is the object of the expropriation, who in the initiation phase of the procedure must know how to appeal for a fair price in forced expropriation . III. What does the fair price in forced execution consist of? The fair price in forced expropriation, also known as fair price, is defined as the amount of British Student Phone Number List whether in money or in kind, with which the expropriated good or right is replaced. In other words, it is the value of the compensation that must be paid for the loss of expropriated goods and rights, therefore, it must constitute full compensation for the property loss that the expropriated person experiences. In the same order of ideas, the Third Chamber of Administrative Litigation of the Supreme Court ruled on stating that “the fair price is a commutative replacement value of the expropriated right.” Now, based on the aforementioned, in case of disagreement with the set price, it is necessary to determine how to appeal a fair price in forced expropriation.
How is the fair price determined? The determination of the fair price in forced expropriation can be carried out by mutual agreement between the Administration and the individual to whom the expropriation refers, in which case, once the terms of the friendly acquisition have been agreed, the file initiated will be concluded. However, if the agreement is not finalized within 15 days, the Administration will require the owners to present, within a period of twenty days from the day following the notification, an appreciation sheet in which the value at which they estimate the object being expropriated is specified, and they may add any allegations they deem relevant. The valuation must necessarily be motivated and may be endorsed by the signature of an expert, whose fees must be adjusted to the rates approved by the Administration, these expenses always being the responsibility of the owners. In this case, the expropriating Administration will have to accept or reject the owners' valuation within the same period of twenty days. In the event of rejecting the owners' valuation, the Administration will issue a substantiated assessment sheet of the value of the object of expropriation, which will be notified to the owner, who, within the following ten days, may accept it outright or reject it.
The expropriated person, who is the owner or holder of real rights and direct economic interests over the expropriated thing, or holder of the right that is the object of the expropriation, who in the initiation phase of the procedure must know how to appeal for a fair price in forced expropriation . III. What does the fair price in forced execution consist of? The fair price in forced expropriation, also known as fair price, is defined as the amount of British Student Phone Number List whether in money or in kind, with which the expropriated good or right is replaced. In other words, it is the value of the compensation that must be paid for the loss of expropriated goods and rights, therefore, it must constitute full compensation for the property loss that the expropriated person experiences. In the same order of ideas, the Third Chamber of Administrative Litigation of the Supreme Court ruled on stating that “the fair price is a commutative replacement value of the expropriated right.” Now, based on the aforementioned, in case of disagreement with the set price, it is necessary to determine how to appeal a fair price in forced expropriation.
How is the fair price determined? The determination of the fair price in forced expropriation can be carried out by mutual agreement between the Administration and the individual to whom the expropriation refers, in which case, once the terms of the friendly acquisition have been agreed, the file initiated will be concluded. However, if the agreement is not finalized within 15 days, the Administration will require the owners to present, within a period of twenty days from the day following the notification, an appreciation sheet in which the value at which they estimate the object being expropriated is specified, and they may add any allegations they deem relevant. The valuation must necessarily be motivated and may be endorsed by the signature of an expert, whose fees must be adjusted to the rates approved by the Administration, these expenses always being the responsibility of the owners. In this case, the expropriating Administration will have to accept or reject the owners' valuation within the same period of twenty days. In the event of rejecting the owners' valuation, the Administration will issue a substantiated assessment sheet of the value of the object of expropriation, which will be notified to the owner, who, within the following ten days, may accept it outright or reject it.