Tuesday, August 18, 2009

Criticisms of the Urban Land Law in Venezuela

Authors:
José Alberto López Rafaschieri and Luis Alberto López Rafaschieri
www.morochos.net

The National Assembly of Venezuela on August 14 approved the Urban Land Law, a document that seeks to regulate the use and possession of urban land. These are our observations:

It puts the President above private property and gives it judiciary powers: According to Article 3 it is declared of "public utility" any “unused” urban land, but, who says which urban land is not in use and must pass into the hands of the government? The subjectivity of the National Executive -Art. 6, No. 3-

Similarly, any process of motion, complaint, right to defense, sentence and order of occupancy/expropriation of urban land will be handled, not by the Venezuelan courts following the due process, but by the National Executive through its competent organ -art.21-30- Then now the administration of justice, in regard to urban land, will be directly implemented by the National Executive.

It threatens private property: According to Article 2 of this law, it is decreed that "urban property has a social function", which means that all urban land is socialized, it is no longer private, but has a collective, communitarian, public goal, that prevails over the rights of the owner.


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1 comment:

  1. Have you heard anything about a standardization of the private land prices across the entire country? I was talking to a relative of mine who lives in Venezuela, and she mentioned something about that notion. I was trying to read more about it, but I can find nothing online except for brief mentions of the Urban Land Law.

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