Valentin Paniagua Corazao

April 6th, 2013 Posted in News

27117 frames. II. the General Law of expropriation and management roads in the Peru: the State through the law General of expropriation law N 27117 Besides ratifying the grounds for its timing, has defined this institution as the transfer levy of property law private, authorized only by express law of Congress in favor of the State, at the initiative of the Executive Branch, regions or local governments and upon payment in cash of justipreciada compensation that includes compensation for eventual harm as we seewithin our national context, the forced expropriation constitutes a public law institution, and as such affects the management of roads in our country. While in past decades the management of roads not obeyed a State as the current policy, the expropriation of land for the implementation of the same has been given an example of this is the law N 8621 of January 20, 1938 approved by President Oscar Benavides, whereby land is expropriated from mountains and forests not grown to the East of the cordillera of the andes along roads built or to be built with tax funds. There are even expropriations aimed at building bridges (the ones that are part of the road infrastructure), such as the one approved by law No. 27477 date 25.06.2001 during the presidential Valentin Paniagua Corazao, whereby pleaded necessity and public utility expropriation of property for the construction of the second stage of the bridge Jose Abelardo Quinones in Arequipa. Taking into account that the constitutional mandate prescribed in article 70 protects private investment in the development of infrastructure (including those concerning road), through the concessionaire model, by emergency decree No. 008-2005 of 16.09.005 date during the Government of Alejandro Toledo Manrique, rules were issued to facilitate the financing of works of public infrastructure and public services concessions, to this end, to through that device was authorized to different levels of Government establish trusts with dealers that provide or that originate in the concessions already granted and resources which are necessary for the financing, development and execution of different projects of concession.

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