This Monday, of a total area of one million 093,118.93 square meters of private property for the construction of Section 5 of the Mayan Train.
The expropriation includes the buildings and facilities that are on the land and that are part of it, according to the decree published in the Official Gazette of the Federation (DOF). In these cases, the question arises about what happens to the owners of these portions of land, do they receive any compensation ? We explain to you.
The Expropriation Law establishes the causes of public utility and regulates the procedures, modalities and execution of expropriations.
Among the reasons that are considered causes of public utility and under which the State can expropriate a piece of land is the opening, expansion or alignment of streets, the construction of roads, bridges, roads and tunnels to facilitate urban and suburban traffic, which applies to the construction of the Mayan Train.
The Supreme Court of Justice of the Nation (SCJN) explains that the cause of public utility and compensation are not human rights, but guarantees of protection of the human right to private property, against the interest of expropriation by the State.
In this sense, the owners of these lands must receive compensation for the expropriation of their land. however, this applies regardless of what the State expropriates.
“Compensation in expropriation procedures consists of the obligation to pay fair compensation when the property is forcibly acquired by the State.”
Compensation for expropriation
Article 10 of the Expropriation Law states that the price that will be set as compensation for the expropriated property will be equivalent to the commercial value that is set without it being lower, in the case of real estate, to the fiscal value that appears in the cadastral or collection offices.
“The amount of compensation for expropriation, temporary occupation or domain limitation will be set by the Institute of Administration and Appraisals of National Assets or Credit Institutions or public brokers or professionals with a postgraduate degree in valuation, who are authorized in the terms indicated by the Regulation”, he adds.
The amount of compensation will be covered by the State, when the expropriated thing passes to its assets .
In the event that there is no agreement on the amount of compensation, article 11 of said law states that the appropriation will be made before the corresponding judge, who will guide the process for assigning experts and other instruments that help set an amount. .
It is worth noting that, in accordance with article 9 Bis, section IV, the competent Secretary of State may agree with those affected the corresponding compensation through the delivery of goods similar to those expropriated, and donate to those affected the difference that could result. in the values.
When do they pay?
The compensation must be paid in national currency no later than 45 business days following the publication of the expropriation decree.