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NewsWhore
12-11-2008, 08:02 PM
The Higher Land Court in the Central Department has ordered the registration of property rights in favor of two people for a total of 3.4 million square meters of land in the parcel 6-004-10866 of the Cadastral District 10/1 of the city of Higuey that forms part of a portion of some 35 million square meters of land that the state claims as part of the National Park of the East.
According to Diario Libre, the lands are valued at US$19.9 million.
Judges Nector de Jesus Thomas Baez, Luz Berenice Ubillas Renvil de Barinas and Luis Marino Alvarez Alonzo gave instructions to register, with its improvements, which are coconut trees, 2,431,059 square meters of land in favor of Daniel Antonio Minaya Rodriguez, to the investment companies Trubua, S.A. and Tecnicas Electricas y Desarrollo Integral, in accordance with the bills of sale made by the grantee in their favor.
The court also awarded 1,041,822 square meters to Juan Antonio Hache Khoury. The court said that a bill of sale written on 2 November 2005 exists between Minaya Rodriguez and the commercial entity Inversiones Trubia, S.A. for three million square meters within the parcel of land in question. The court confirmed the sentence of 9 February 2006, issued by the Higher Land Court of Higuey relating to the original owners of Parcel 6.
On the other hand, the court rejected the bills of sale dated 24 March 2004 for 4,700 'tareas' (approximately 2,956,300 square meters) and 1 November, for 300 hectares written by Minaya Rodriguez in favor of the Tecnicas Electricas and Desarrollo Integral company and Inversiones Trubia, S.A.
The court also rejected the side issues by the government lawyers who requested an annulment of the process of freeing the land of encumbrances or debts. At the same time the court declined the ownership claims of three heirs who did not demonstrate possession for the required period in order to have title by acquisitive prescription of parcels number 004-26982 and 6-005-49 of the Cadastral District in question.
The court then ordered the secretary of the Higher Land Court of the Central Department, once the definitive plans approved by the Regional Department of Cadastral Measurements for parcel number 6-004-10866 of the Cadastral District referred to, to proceed to issue as soon as possible the decree of property registration.
Carlos Sanchez Hernandez, one of those implicated along with 60 other people of committing EUR4.8 million tax fraud against the Spanish authorities, known as the Marbella corruption case in Spain, is listed in the acquisition papers for three million square meters of land in the area.
The land acquisition by means of a sales contract and privilege of an unpaid seller was done by Ignacio Corona Ruiz in the name of Trubia.
The government lawyer before the Superior Land Tribunal, Fermin Castilla Minaya, said that the sentence was "a disgrace" and accused the court of becoming "a plunderer."
After classifying the decision as "a judicial mistake" Castilla Minaya said that he would appeal the case to the Supreme Court in order to have the lands returned to the state.

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