Propuesta normativa de procedimiento de valoraciones previas a la expropiación

Abstract

The expropriation, in Colombia, aims to acquire private property for the State. It has its genesis, from the Political Constitution of Colombia that establishes in its article 58 textually: “When the application of a law issued for reasons of public utility or social interest, the rights of individuals with the need result in conflict recognized by it, the private interest, must yield to the public or social interest "... ..." For reasons of public utility or social interest defined by the legislator, there may be expropriation by judicial decision and prior compensation. This will be set by consulting the interests of the community and the affected. In the cases determined by the legislator, said expropriation may be advanced by administrative means, subject to subsequent contentious - administrative action, including with respect to the price.” The problem to which Colombian regulations are contracted, is the appraisal that is done to acquire privately owned real estate, both for purposes of voluntary purchase, and for in the case of reluctance of the owner or holder the expropriation. Administration entities previously define the areas of involvement to carry out the development of a project that will bring general benefit. The implementation of such projects involves the acquisition of land, the study of appraisals and the payment of damages, arises as necessary in order to know the right of the owner or holder, which will ultimately be the one who must bear the loss of ownership and the commercial exploitation that could be carried out on the property on which it exercises ownership. For this reason, addressing the study of the factors involved in the determination of compensation as a result of possible damages, constitutes a special basis of vital importance, for the citizen who will lose control or economic exploitation in the latter case due to the effects legal expropriation.