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View Full Version : SCJ sets out rules for expropriation



NewsWhore
05-05-2009, 06:20 PM
The full body of the Supreme Court of Justice (SCJ) has handed down a new set of general rules for cadastral measurements, which sets out the requirements needed for the state to expropriate lands. These also regulate condominiums. The regulations state that when a part of a plot of land is declared to be of imminent domain, and subject to expropriation, the section to be expropriated should be separated by a subdivision of the original parcel and needs to fulfill all of the requirements established for the expropriation.
The subdivided parcel that becomes expropriated will be registered in the name of the property owner unless it has been demonstrated that this person has received the total payment corresponding to the expropriation from the Dominican state. The initiation of the process is to be done by the expropriator or the owner of the property in question.
The regulations establish that the modifications to the parcel are intended to create new parcels from those already in existence.
Part of the regulations reads, "Changes in the adjoining properties or in the cadastral designation are not considered to be modifications of the parcel, nor are the dimensions of the parcel as a result of an adjustment in the original measurements." The regulations also establish that no modification of the parcel affected by guarantees will be authorized without the consent of the creditors. In all divisions for the constitution of a condominium, all the sectors that will be covered under different rights of condominium should be identified, determined, located and sized. Roofs and accessible terraces are considered to be common areas or for exclusive use.

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