Análisis metodológico para la estimación del valor del suelo en servidumbres de infraestructura de transmisión de energía en el marco de la resolución 1092 de 2022: estudio aplicado a la “línea transmisión la sierra - san carlos 230 kv – 1”, municipios de puerto Nare y san Carlos Antioquia

Abstract

In Colombia, the need for infrastructure to provide public services and the easements required for these projects has been discussed since the 1930s. This led to the creation of the first laws in the 1980s aimed at establishing regulations for the development of these projects in the country, specifically those related to the transmission of electrical energy. From this period, regulations were established that laid the foundation for what is now known as compensation for electrical energy easements. Easements are contemplated in the Colombian Civil Code, which classifies them as encumbrances, meaning a burden or tax on property. In the case of easements for electrical energy projects, this encumbrance or burden must be compensated to the owner of the property supporting the infrastructure. Compensation for electrical energy easements encompasses several issues, which can be divided into two: the legal and procedural framework for establishing the easement; and the technical and methodological aspects for calculating compensation. Most of the regulations enacted extensively developed the legal and procedural framework for establishing easements, but offered almost no guidance on the technical aspects or methodologies for calculating said compensation. For several decades, electric power transmission projects had broad concepts regarding how to establish easements. These were reduced to two methods: direct, negotiated with the landowner or their representative and registered in the property's title deeds; and indirect, through legal proceedings, by going to a judge to resolve the matter and establish the easement. In either case, the same problem always arose: the lack of methodologies and techniques for calculating compensation became a major obstacle for the projects. Reaching an agreement between the project company and the landowners on the compensation amount was what generated the discrepancies and, consequently, many cases before the courts. Although the judges attempted to resolve the cases, the lack of technical guidelines for calculating compensation was always cited as a recurring issue. Therefore, Resolution 1092 of 2022 was issued, which establishes the methodologies required for calculating compensation for easements. This resolution includes several factors, which for the purposes of this study can be divided into two groups: Regulatory Factors and Physical Factors. Each of the factors within these two classifications is described in the aforementioned resolution and will be analyzed