Monday , May 29 2023

What to do if your property is needed for work?


More than five years Elizabeth Estrada, owner of a house in the 13th district of Medellin, hears rumors about the eventual construction of a park or bypass, which will eventually cover the land that occupies his home today.

"These versions have been spreading for a while, but no one has ever made an official type of project that will be developed in this area and that, in addition to my house, could affect other neighbors," says the citizen, who admits there is no to know what to do when the job is formalized and he is asked to leave the property.

Federico Estrada, manager of La Lonja de Propiedad Raíz, Medellin and Antioch, explains that one of the most important cases in the development of public works by the state is the acquisition of the properties that every job should have.

"The evaluator's work is essential, considering all the consequences that exist in the negotiations that take place between the state and the property owners," the leader said.

He acknowledges that the main inconvenience in finalizing the negotiations is related to the determination of the amounts paid to the owners of those goods.

"The introduction of Law 1682 of 2013 and its amendments explicitly include, within the concept of commercial value for the acquisition of real estate by the State, the conditions for the occurrence of damages and loss of income, which relate to the compensation that the Citizens who own property must be recognized, "emphasizes Estrada.

It also emphasizes that this rule is a great advantage because it was previously unclear and when a property was valued for compensation by the State, only the value of the property was taken into account and it was necessary to move to court proceedings to determine compensation.

Lonja also states that this type of situation affects all areas of the city from shelter 1 to 6. "These are complex processes, each job is different, it generates noise and therefore requires technical support assessment and social type" (see What follows ?).

The lawyer Santiago Palacio, manager of Palacio Giraldo & Asociados, advises professional accompaniment to clarify the scope of the notification received by the owner of the property.

"I recommend to the owners that they provide all the information they want, it helps in the end when the offer for purchase is handed over both to the property and to the compensation to which it is entitled, they are fair in terms of law", mentions he.

If work is crystallized in municipality 13 and that Elizabeth's property and other neighbors will be required, everyone would have legal protection.

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