Extraordinary provisions are approved to acquire and release areas necessary to execute the National Infrastructure Plan for Competitiveness and the Comprehensive Plan for Reconstruction with Changes
Through Emergency Decree No. 003-2020, published on January 8, 2020, extraordinary measures were approved to facilitate the acquisition and release of areas by public entities in charge of implementing the projects prioritized in the National Infrastructure Plan for Competitiveness (PNIC) and the Comprehensive Plan for Reconstruction with Changes (PIRC).
In general terms, the regulation allows the application of a special procedure of acquisition and liberation of areas for the projects of the PNIC and the PIRC, taking as reference the provisions of Legislative Decree No.1192 (Law of Acquisition, Expropriation, Transfer of Real Estate State and Interference Release).
The regulation also modifies several articles of the Legislative Decree No.1192, and gives the Ministry of Housing, Construction and Sanitation a period of 45 business days to publish the Single Consolidated Text of this last regulation.
Likewise, the regulation contains the following relevant measures:
(i) Declaration of public necessity of 14 projects under the responsibility of the Ministry of Transportation and Communications;
(ii) Incorporation into the Legislative Decree No. 1192 the exclusion of the application of Law No. 30225, the State Procurement Law, to the companies providing public services regarding the services required for the execution of the Legislative Decree No. 1192.
(iii) Incorporation into the Legislative Decree No. 1192 the possibility that the entities of the Administration may carry out the extrajudicial recovery of properties of third party affected by infrastructure projects, under certain conditions.
