OTHER DISCIPLINES

 

The Law of Public Private Partnership establishes that the responsibility for acquiring the properties, assets and rights necessary for the implementation of a public-private partnership project may be held by the convener, the developer or both, as agreed on the basis of competition and settled in the respective contract.

The acquisition of such properties, assets and rights can be done through conventional via or through expropriation.

Conventional via or Negotiation

Though this via, the responsible to acquire the properties, goods and rights will have to negotiate with the owners or legitimate holders of the rights of property. Negotiations may include other rights holders, tenants, possessory rights, litigation rights and any other rights verified in a legitimate title.

Who alienate the properties, assets and rights under negotiation procedures, shall be obliged to sanitation for the case of eviction, whether or not established that in the documents of the negotiations.

Expropriation

Expropriation of properties, assets and rights for a public-private partnership project will only proceed after that the corresponding declaration of public utility has been enforced and valid. The declaration of public utility will be valid for one year, to from the date that it has been enforced.

In this way, the law states that are causes of public utility the acquisition of property, assets and rights necessary for carrying out a project of public-private partnership. To prove the existence of the public utility will be enough the opinion of the entity that demonstrates the technical feasibility and social profitability of the project of public-private partnership.

The declaration of public utility shall be published in the Official Gazette, the official organ of the respective locality and through personally notification to the owners of properties, assets and rights.

The acquisition of property, assets and rights through expropriation not require public deed. Where appropriate, the respective decrees will be recorded in the Public Registry of the Federal Property and, if the case may be, in the public registry of the corresponding property.

If within five years from the date of the respective decree of expropriation, the properties, assets and rights expropriated were not intended, fully or partially, to the project that originated the expropriation, those affected may request the authority to proceed with the, total or partial, return of such properties, assets and rights or the payment of damages.