Agricultural Land Expropriation Procedures and Legal Steps

Agricultural Expropriation: Competent Authorities

The Board of Agriculture holds jurisdiction in the first instance, as established by Articles 77, 167, and 168 of the Law of Land and Agricultural Development. The Superior Court acts according to the property's location.

Appellate and Supreme Court Jurisdiction

The Special Land and Social Justice Chamber of the Supreme Court handles second-instance proceedings, pursuant to Articles 167 and 168 of the Law of Land and Agricultural Development, involving the Judge-Rapporteur and the Social Chamber.

First Instance Expropriation Procedure

Applications for expropriation must comply with Articles 24 and 25 of the Law of Land and Agricultural Development (LE):

• Meet the requirements of Article 340 of the Code of Civil Procedure.
• Must be filed in writing.
• Include the referral of the administrative record.
• Provide proof that no amicable negotiation was reached.
• Identify the property and its specific characteristics.
• State the full name of the owner, holder, or lessee, if known.
• Include a certification of charges on the property.

Application Reception and Processing

Per Articles 25 and 26 (paragraph 2) of the LE, the registry office must request all data pertaining to the property and its legal charges within three days of presentation. During the subsequent three-day period, the office must accept the application and order the publication of edicts for those claiming rights over the property.

Publication Requirements

According to Article 26 of the LE, the application, property certification, and location order must be published in a national newspaper and a local newspaper where the property is located. This must occur three times over one month, with ten-day intervals between publications. The judge must submit three copies of these newspapers to the registry to ensure the Registrar attaches the documents and posts them at the office entrance.

Appearance and Response Deadlines

Appearance (Article 27 LE): Within 10 days following the final publication, interested parties must appear in court personally or via an agent. Failure to appear will result in the appointment of a public defender.

Response (Article 28 LE): The response to the expropriation request must be filed on the third day following the expiration of the appearance period. If a public defender is appointed, the three-day window begins upon their formal acceptance and oath of office.