The protection of public property


1 .- Causes of the protection of public property

The legal regime of public property be primarily characterized by its special protection scheme, which aims to achieve the following purposes:

a) Advocate for public ownership of public assets and prevent loss or theft by individuals

b) Defending the fate of public property, whether public use or the proper provision of public

c) Protect the characteristics and integrity of public goods, especially in particular whether they are goods of natural

[:]2 .- The inventory of public assets

Public administrations are required to inventory the assets and rights that constitute its heritage, and to keep it updated. In the inventory it should be stated in sufficient detail, the terms necessary to identify those which are accurate and to reflect their status and the destination or use to being engaged.


In the case of local authorities, the general inventory should be verified by the Plenum of the Local Authority is renewed whenever the Corporation and shall be sent a copy of the inventory at both state and autonomous administration.


In the general inventory of assets and rights shall be recorded separately according to their nature, grouping among others, under the following headings:

1. Real Estate.

2. Real rights.

3. Furniture historical, artistic or economically important.

4. Securities.

5. Personal Rights.

6. Vehicles.


3 .- Registration

The registration provides protection of public property against private parties as the presumption involves not only possessory but also avoids an inscription contradictory. Public administrations must register in the registers of assets and rights of their heritage, whether demaniales or property, eligible for registration, as well as all acts and contracts relating to them which may have access to these records. They are therefore not registrable only the assets but also public property, and in fact required by Article 5 of the implementing regulation of the Mortgages Act. It is sufficient for such registration certification with respect to the inventory approved by the relevant Corporation issuing the holder of the Secretariat, with the approval of the Chair of the Local Entity.


4 .- The investigation of public goods

Governments have the power to investigate the situation of the property and rights that presumably form part of their heritage, to determine ownership of them when they know this is not so true. In the case of local authorities, this power of investigation is an obligation and not just an option. This requirement is for all public goods, property and demaniales. The procedure for the exercise of the powers of investigation of the property and rights shall be initiated ex officio or ex parte and shall terminate if favorable resolution to adopt the measures necessary for the incorporation of good inventory of property , as is the preventive note on the inventory or public records and agreement to pursue the necessary administrative and judicial actions.


5 .- The boundary of public goods

The boundary is intended to define the property or public concerned when their limits are inaccurate or there are indications of misuse, through the technical operations necessary. The administrative record, with notice to interested persons and public information, it ends with the act of felling, which is fixed on the ground with precision the boundaries of the property and draw up minutes. Once the allegations are resolved on the record, we will proceed to final survey and demarcation and registration in the registry of property. Against the final act of demarcation, it may appeal for judicial review.


6 .- Recovery of the profession of public goods

The government may recover themselves unduly lost possession on the property   and rights of its assets that have been occupied without title. If the property   and rights whose possession it comes to recovering demaniales have the status of the recovery power may be exercised at any time and in the case of having the status of property within one year from the day following the usurpation. After that time, the corresponding actions must be exercised before the organs of civil courts. The administrative record, credited the usurpation end on the proposed recovery of possession and the occupant’s request to halt his action, fixing a period not exceeding eight days to do so and if resistance to eviction, they take all necessary steps to recover possession of the asset or right.


7 .- The administrative eviction

Eviction is a power of government   in order to   administrative recover possession in their public property when the title disappear, conditions or circumstances that legitimize its occupation by others. Local authorities may use the administrative eviction also for assets. Declared extinct right to occupy the property will require the occupant to the person effecting the removal and delivery of the goods within two weeks. If the order was not served, will be practiced again to proceed to the supply of goods within eight days. In the case of failure to attend this time, the launch will be effected by the entity with its own means, with launch costs on account of the hopeless.


8 .- Responsibilities and sanctions

The authorities and staff in the service of local entities that were responsible for the management or use of their property and rights, respond directly to the institution of the damages caused by its loss or detriment, in case of malice, guilt or gross negligence. People who by fraud, fault, negligence or even mere title of failure, damaging the public domain of local entities from the acts of enabling squatting, or counteract their normal destination or the rules governing it, shall be punished administratively by a fine, whose amount will be between the both and twice the injury, without prejudice to repair the damage and restitution of property illegally occupied in his case.

-Alejandro 29 de octubre de 2009