Administrative Legal System of Utility Expropriation

ADMINISTRATIVE LEGAL SYSTEM OF THE UTILITY expropriation for public and social interest

Constitutional Base Art 115 CRBV

The right of ownership. Everyone has the right to use, enjoyment, enjoyment and disposition of its assets. The property will be subject to such contributions, restrictions and obligations imposed by law for the purpose of public utility or general interest. Only for reasons of public utility or social interest by final sentence and payment of fair compensation, may be declared the expropriation of any kind of property .... "This is a constitutional right and is respected throughout the securities is not a absolute right, but the right to life if it is an absolute right.

CAN CONSTITUTIONAL STANDARD OF DETERMINING

• guarantee property rights.
• the possibility to impose by law legal limitations to that right for purposes of public utility or general interest.
• limit based on that give you the power to the state to expropriate any kind of good because of public or social interest by final sentence and timely payment and fair compensation.

Purpose of Act

Article 1. This law governs the condemnation by the public interest or social interest, rights and assets owned by individuals, required to achieve the satisfaction of the common good.

Concept of works of public utility Article 3 .- regarded as works of public utility which are intended directly to provide the Republic in general, one or more states or territories, one or more municipalities, any use or improvements seek the common benefit, whether executed on behalf of the Republic, state, Capital District, municipalities, autonomous institutes, private individuals or companies duly authorized.

LEGAL BASIS:

Official Gazette No. 37 475 dated 01 July 2002, Law of expropriation for public or social utility.

COVENANT INTERNATIONAL RECOGNITION OF SAN JOSE

Article 21 "Everyone has the right to use and enjoyment of his property. The law may subordinate such use and enjoyment to the public interest. No person shall be deprived of his property except upon payment of just compensation, for reasons of public utility or social interest and in cases in the manner provided by law ... "

LIMITATIONS TO COPYRIGHT.

Expropriation becomes the power of the state, enshrined in Article 115 of the CRBV, this in order to reconcile this right with the requirements of public interest, so that is not hampered by an absolute exercise the right of ownership individuals about things and property belonging to it. Their limitations, are subject to contributions, restrictions and obligations imposed by law for the purpose of public utility or social interest.