Draft bill 63.

Summary.

The draft bill would create the Voluntary and Temporary Community Use of Unused Land Program. Owners could voluntarily include vacant properties, whether or not they contain buildings, in coordination with the corresponding community boards or municipalities. The properties could be used temporarily for parking, gardens, small markets or other activities benefiting the community. Participation would preserve ownership and the owner's other rights. The program would cover unused properties within the jurisdiction of the relevant local authorities.

Community boards could manage each property under an agreement with its owner. The agreement would grant temporary use without transferring ownership or permanent possession. Its term could be no shorter than one (1) year or longer than three (3) years, and renewal would require the owner's express consent. At the end of the agreed term, the Community Board (Junta Comunal) would have to return the property free of occupants and in the same or similar condition as when it entered the program, allowing for ordinary wear from authorized use. An owner could withdraw at any time by giving the Community Board at least thirty (30) days' notice so that vacation and return of the property could be arranged.

If the owner chose not to use the advertising billboard benefit, the Community Board could use it. The owner would authorize the administering Community Board to devote all resulting revenue to community projects. Funds raised through activities on participating properties would finance projects in the relevant corregimiento (district). As public resources, they would enter the Community Board's budget and be subject to audit and oversight by the Office of the Comptroller General of the Republic (Contraloría General de la República) and other competent authorities. They would also be published through official channels and the relevant transparency portal, subject to rules on personal data protection and access to public information.

The Community Board would be responsible for authorized use and for damage to the property beyond ordinary wear. The agreement could provide coverage or guarantees for damage to third parties arising from authorized activities. Owners could place outdoor advertising on a perimeter fence no higher than 2.50 meters and extending along the length of the land, receive the resulting revenue without municipal tax, and display a visible sign beside the entrance identifying the property number and the program. That sign would measure no less than 1 meter by 1 meter. Preservation, cleaning and maintenance of the land would also be treated as an incentive for the owner.

A corregimiento representative or competent authority could seek out the owner if a property harmed community safety, health or well-being. The Executive Branch (Órgano Ejecutivo) would regulate the proposed law within no more than six (6) months. Law 37 of 2009 (Ley 37 de 2009) and ordinary law would apply on a supplementary basis, and the proposed law would take effect upon promulgation. The provisions concern the named local and oversight authorities, property owners, community space users, and the parking, urban agriculture, local commerce and outdoor advertising sectors.