Summary.
The bill amends Law 45 of 2002, concerning assets and land associated with peasant organizations that were inactive and had overdue balances with the Agricultural Development Bank (Banco de Desarrollo Agropecuario) when Law 43 of 1999 entered into force. It proposes transferring those organizations’ possessory rights, improvements and assets, as well as the state land on which they operated, to the Bank. The National Land Administration Authority (Autoridad Nacional de Administración de Tierras, ANATI) would cancel collective grants made without charge, direct the General Directorate of the Public Registry (Dirección General del Registro Público) to cancel the property registrations, and formalize the transfer. The Bank would sell the land to the designated beneficiaries; unoccupied land would be sold at market value.
Former peasant settlers or their heirs who remained until the organization was dissolved and who occupy or use the land would have the first option to purchase. The bill sets a maximum of 10 hectares per family at 6 balboas (B/.6.00) per hectare, the next 15 hectares at 400 balboas (B/.400.00) per hectare, and any further land at 75% of the average of the valuations by the Ministry of Economy and Finance (Ministerio de Economía y Finanzas) and the Office of the Comptroller General of the Republic (Contraloría General de la República).
Former settlers who contributed possessory rights and occupy or use the land, or their heirs, would have the first option to purchase at 6 balboas per hectare, subject to ANATI certification. They could acquire additional hectares under the land use and purpose criteria. Former settlers who do not occupy the land, whose participation is certified by the Rural Development Office (Oficina de Desarrollo Rural) of the Ministry of Agricultural Development (Ministerio de Desarrollo Agropecuario), would have the first option to purchase no more than 1 hectare at 6 balboas (B/.6.00). For small agricultural producers who occupy the land, the bill establishes a first option to purchase up to 5 hectares per family at 6 balboas (B/.6.00) per hectare, a price for the next 10 hectares, and a price based on a percentage of the valuation for any further land.
Agricultural entrepreneurs who use land that is not subject to litigation would have the first option to purchase up to 40 hectares at 400 balboas (B/.400.00) per hectare. Additional land would be sold at 75% of the average of the specified valuations, with payment over a maximum of 7 years. The Ministry of Agricultural Development (MIDA) would determine by certificate and technical report whether the land is for commercial or agricultural use. The bill replaces the tables of purposes, land areas, values and payment periods for residential uses, production serving a social interest, sustainable farms, agricultural entrepreneurs, agricultural cooperative enterprises and unrestricted commercial areas. It also provides that sales made by the Bank under Law 45 of 2002 would incur only title processing costs before the National Land Authority (Autoridad Nacional de Tierra, ANATI). It declares the proposed law to be special legislation of a social nature and provides for its entry into force on the day after promulgation.
By its subject matter, the bill concerns the National Land Administration Authority, the Agricultural Development Bank, the Ministry of Agricultural Development, the Ministry of Economy and Finance, and the Office of the Comptroller General of the Republic. It may be of interest to former peasant settlers, small producers, agricultural entrepreneurs, agricultural cooperatives and organizations operating sustainable production farms.
What it proposes.
- Transfer and sale of land associated with dissolved peasant organizations.
- Preferential purchase options, land areas and prices for agricultural land.
- Payment periods and title processing costs.
Who it would affect.
- Former peasant settlers and their heirs.
- Small agricultural producers who occupy the land.
- Agricultural entrepreneurs and agricultural cooperative enterprises.
- Agricultural Development Bank and authorities responsible for transfers, valuations and titling.
Key points.
- Proposes transferring assets and land associated with dissolved peasant organizations to the Agricultural Development Bank, following cancellation of grants and registrations.Art. 1
- Grants certain former peasant settlers or their heirs the first option to purchase, with tiered prices according to land area.Art. 2
- Regulates the first option to purchase for former settlers who contributed possessory rights and for former settlers who do not occupy the land and whose participation is certified.Art. 3
- Sets land areas and tiered prices for preferential purchases by small agricultural producers who occupy the land.Art. 4
- Provides for preferential purchases by agricultural entrepreneurs, technical classification of land use, and the payment period for additional land.Art. 5
- Replaces the tables of purposes, land areas, values and payment periods for the sale and payment of the land.Arts. 6-7
- Adds a rule under which sales made by the Bank pursuant to Law 45 of 2002 incur only title processing costs before the land authority.Art. 8
- Identifies the amended articles, declares the proposed law to be special legislation of a social nature, and sets its entry into force.Arts. 9-10