Summary.
The bill proposes that land awards follow principles of equity, transparency and fair access while excluding privileged actors. It amends Article 10 of Law 24 of 2006. A beneficiary possessor applying for a parcel must be of legal age or emancipated; own no land or keep any land already owned fully devoted to a social function; fulfill the social and environmental functions of the requested parcel; comply with Law 41 of 1998 and Law 1 of 1994; and have occupied the land as an owner, using and enjoying it permanently and without interruption for five (5) years or more.
Legal persons must establish their existence and legal representation and be current on their tax obligations. Family members may seek joint title through one or both spouses, or through members of a de facto union who are legally qualified to marry. The text prohibits multiple awards to immediate relatives or linked companies and requires a prior socioeconomic assessment.
New Article 10-A bars the listed current or former senior public officials from receiving land awards, directly or indirectly, for up to five (5) years after leaving office. The list covers Executive Branch and local authorities, directors of public entities and enterprises, members of the Judicial Branch, officials of the Public Prosecutor’s Office (Ministerio Público), and magistrates of administrative tribunals, the Electoral Tribunal (Tribunal Electoral) and the Court of Accounts (Tribunal de Cuentas). It also covers oversight officials, political party leaders, spouses, cohabitants, specified relatives and business partners, and legal persons in which those individuals participate, exercise control or are beneficial owners.
Article 10-B caps the area awardable to natural persons through the regularization and mass titling of national lands at five (5) hectares in rural areas or one (1) hectare in urban or expanding urban areas. Associations, cooperatives and other legal persons pursuing community or social development purposes may receive up to twenty (20) hectares if they establish collective, productive or social use. The National Land Administration Authority (Autoridad Nacional de Administración de Tierras, ANATI) may grant exceptions by reasoned resolution, following favorable opinions from the Ministry of Agricultural Development (Ministerio de Desarrollo Agropecuario, MIDA) and the Ministry of Environment (Ministerio de Ambiente, MiAmbiente), for justified public or social interest projects. Awards to immediate relatives or linked companies cannot be accumulated beyond those limits.
Article 13-A assigns the Ministry of Economy and Finance (Ministerio de Economía y Finanzas) a public platform with information on recipients, parcels and awards, subject to Law 81 of 2019 on Personal Data Protection. Final awards require endorsement by the Office of the Comptroller General of the Republic (Contraloría General de la República). Article 13-B requires title revocation for fraudulent or patronage based use following an administrative procedure that protects the beneficiary’s right of defense. The official who authorized the process faces administrative sanctions without excluding civil or criminal liability. The bill would take effect upon publication in the Official Gazette. Its provisions concern those public bodies, the listed courts and authorities, land applicants, families, associations, cooperatives, and the agricultural and community sectors.
What it proposes.
- Eligibility requirements and exclusions for land awards.
- Area limits for regularization and mass titling.
- Public disclosure, endorsement and revocation of awards.
Who it would affect.
- Natural and legal persons applying for land awards.
- Applicant families, associations and cooperatives.
- Senior public officials, associates and linked legal persons covered by the exclusions.
- Authorities that process, authorize or endorse awards.
Key points.
- The bill sets equity, transparency and fair access as objectives for land awards, while excluding privileged actors.Art. 1
- Beneficiaries must meet personal, tenure, occupation, and social and environmental use conditions; joint family title is permitted and a prior socioeconomic assessment is required.Art. 2
- The listed senior officials, their associates and linked legal persons are barred from awards, including for five (5) years after the officials leave office.Art. 3
- The bill sets area caps for natural persons and community organizations, provides for reasoned exceptions and bars accumulation through family or corporate links.Art. 4
- Fraudulent or patronage based use leads to title revocation after a procedure protecting the right of defense and to administrative sanctions for the official who authorized the process.Art. 6
- The final provision identifies the provisions of Law 24 of July 5, 2006 that are amended or added.Art. 7
- The bill sets its effective date at publication in the Official Gazette.Art. 8