Key Benefits:
RURAL LAND LAW
AND ANCESTRAL TERRITORIES
REPUBLIC OF ECUADOR
NATIONAL ASSEMBLY
Ofi cio No. SAN-2016- 0398
Quito, 07 MAR 2016
Engineer Hugo Del Pozo Barrezueta Director Of The Ofi cial Registry
In his office.-
Of my considerations:
The National Assembly, in accordance with the privileges I trusted the Constitution of the Republic of Ecuador and the Law
Year III-No. 711
Quito, Monday, March 14, 2016
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ING. HUGO DEL POZO BARREZUETA DIRECTOR
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S U P L E M E N T O
2- Monday, March 14, 2016 Supplement-Ofi cial Registration No. 711
Legislative Function Organic, discussed and approved the PROJECT OF ORGANIC LAW OF RURAL LANDS AND ANCESTRAL TERRITORIES.
In sessions of March 1 and 3, 2016, the National Assembly plenary met and gave a ruling on the partial objection presented by the Constitutional President of the Republic.
For the above, and, as the Article 138 of the Constitution of the Republic of Ecuador and article 64 of the Organic Law of the Legislative Function, accompanied the text of the ORGANIC LAW OF RURAL LANDS AND ANCESTRAL TERRITORIES, so that it can be published in the Business Log.
Atently,
f.) DRA. LIBYA RIVAS ORDONEZ General Secretariat
REPUBLIC OF ECUADOR
NATIONAL ASSEMBLY
CERTIFICATION
As General Secretariat of the National Assembly, I allow myself to CERTIFY that the National Assembly discussed and approved the "PROJECT OF THE ORGANIC LAW OF RURAL LANDS AND ANCESTRAL TERRITORIES", in the first debate on 22 and 29 January 2015; in the second debate on 17 and 22 December 2015 and 7 January 2016; and, on the partial objection of the Constitutional President of the Republic on 1 and 3 March 2016.
Quito, March 7, 2016
f.) DRA. LIBYA RIVAS ORDONEZ General Secretariat
REPUBLIC of Ecuador
NATIONAL ASSEMBLY
THE PLENO
CONSIDERING
What, Article 3, numeral 5, of the Constitution of the Republic establishes which are the primary duties of the State, among others, to plan national development, eradicate poverty, promote sustainable development and equitable distribution of resources and wealth, to access good living;
Article 13 of the Constitution states that persons and communities have the right to access safe and permanent to healthy, sufi food and
nutritious; preferably produced locally and in correspondence with their various cultural identities and traditions, promoting food sovereignty;
Article 321 of the Constitution determines among other aspects that the State recognizes and guarantees the right to property in its public, private, community, state, associative, cooperative, mixed forms and that it must fulfill its social function and environmental;
What, the invoked Constitution in its article 66, numeral 26, recognizes and guarantees to people, the right to property in all its forms, with social and environmental function and responsibility; and that the right to access to property will be effective with the adoption of public policies, among other measures;
That, in Articles 57 numerals 4, 5 and 6, 58 and 59 of the Constitution, the communities, communities, indigenous peoples and nationalities, the Afro-Ecuadorian people and the montubian peoples are recognized and guaranteed the collective rights to preserve property. (a) the impregable of their Community land, which shall be inalienable, inembargable and indivisible; maintain the possession of ancestral lands and territories and obtain their free award; and to participate in the use, usufruct, administration and conservation of renewable natural resources found in their lands;
Article 281 of the Constitution, prescribes that food sovereignty constitutes a strategic objective and an obligation of the State to ensure that people, communities, communes, peoples and nationalities reach the self-sufi science of healthy and culturally appropriate food on a permanent basis; for which it will be the responsibility of the State, among others: promoting redistributive policies that allow the peasants to access land, water and other productive resources;
What, Article 282 of the Constitution establishes that the State will normalize the use and access to land that the social and environmental function must be fulfilled and that a national land fund, established by law, will regulate the equitable access of peasants and peasants to it, in addition, that the latifundium and the concentration of the land are prohibited;
That Article 323 of the Constitution provides that in order to implement social development plans, Sustainable management of the environment and collective welfare, state institutions for reasons of public utility or social and national interest, may declare the expropriation of goods, after fair valuation, compensation and payment of conformity with the Law;
That, article 324 of the Constitution, states that the State shall guarantee equal rights and opportunities for women and men in the access to property and in decision-making for the administration of society spousal;
That, in Article 319 of the Constitution, the various forms of organization of economic production, among others the community, cooperatives,
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public or private, associative, family, domestic, autonomous and mixed companies; it is also established that the State will promote the forms of production that ensure the good lives of the population; encourage production that meets domestic demand and guarantee an active participation of Ecuador in the international context; and discourage those that attack the rights of the population or the of nature;
That, in Article 320 of the Constitution it is established that in the various Forms of organisation of production processes will stimulate participatory, transparent and efficient management. Production, in any of its forms, will be subject to principles and standards of quality, sustainability, systemic productivity, job valuation and economic and social science;
That, Article 334 of the Constitution states that the State will promote equal access to factors of production, for which it will be responsible: 1. Avoid concentration or hoarding of productive factors and resources, promote their redistribution and eliminate privileges or inequalities in access to them; and 2. Develop specific policies to eradicate inequality and discrimination towards women producers, in access to production factors;
That, Articles 409 and 410 of the Constitution determine that soil conservation is in the public interest and national priority, especially its fertile layer; establish a regulatory framework for its protection and sustainable use that prevents its degradation, in The Commission has been responsible for the implementation of the Convention on the protection of the environment and the protection of the environment, and the State will provide farmers and rural communities with support for the conservation and restoration of soils, as well as for the development of
That, Convention 169 of the International Labour Organization in its Articles 13, 14, 17, 18 and 19 sets out the duties of governments to respect the special importance of the for the peoples, cultures and spiritual values of the relationship with their lands and territories; the right of ownership and possession over the lands they traditionally occupy and the effective guarantee of their protection;
That, Article 6 of the Organic Law of the Food Sovereignty Regime, determines that the law regulating the land ownership regime will allow equitable access to land, giving priority to small producers and women producing family heads, their extension, hoarding and concentration of land, will establish procedures for their disposal and shall determine the mechanisms for the fulfilment of their social function and environmental. It will also establish mechanisms to promote the association and integration of small properties. In addition, it will limit the expansion of urban areas in land of use or agricultural or forestry vocation, as well as the advancement of the agricultural frontier in fragile ecosystems or in areas of natural, cultural and archaeological heritage, in accordance with what establishes Article 409 of the Constitution of the Republic;
What, the National Plan of Good Living 2013-2017, approved by Resolution No. CNP-002-2013 published in the Register Ofi cial Supplement 78 of 11 September 2013, points out that the Agrarian Revolution is a process that cannot be delayed and that signifi redistributive of the land, promotion of credit, technical assistance, fair trade and access to irrigation, which aims to "promote equality, cohesion, inclusion and social and territorial equity, in diversity" and consequently requires policies to " generate conditions and capabilities for inclusion economic, social promotion and the progressive eradication of poverty; and democratizing the means of production, generate conditions and equal opportunities and promote territorial cohesion. "; and,
In accordance with the powers and powers of the National Assembly and in the exercise of its constitutional powers, the next:
ORGANIC LAW OF RURAL LANDS AND ANCESTRAL TERRITORIES
PRELIMINARY TITLE
Article 1.-Scope. This Law is of public order and of national jurisdiction. The provisions of this regulation govern the relations of the State with natural and legal persons, national and foreign, in the field of rural lands; and communes and communities, peoples and nationalities in terms of recognition and adjudication. a free title of territories that are in ancestral possession; and the protection and legal security of lands and territories of their property.
Article 2.-Object. This law aims to regulate the use and access to the property of rural land, the right to property of the same one that will have to fulfill the social function and the environmental function. Regulates the ownership, ownership, management and redistribution of rural land as a production factor to ensure food sovereignty, improve productivity, foster a sustainable and balanced environment; and provide security
addition, this law guarantees the ownership of the community lands, the recognition, award and titling of lands and territories of communities, communities, peoples and indigenous nationalities, people African-Ecuadorian people and people, in accordance with the Constitution, conventions and other international collective rights instruments.
Article 3.- Possession and ancestral property. For the purposes of this Law, it is understood by land and territory in possession and ancestral property, the physical space on which a community, commune, people or nationality of ancestral origin, has historically generated an identity from the social, cultural and spiritual construction, developing economic activities and their own forms of production in an ongoing and uninterrupted way.
The ownership of these lands and territories is imprescriptible, inalienable, inembargable and indivisible, its award is free of charge and is exempt from the payment of fees and taxes.
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Use and use on these lands may not modify the characteristics of the Community property including the payment of fees and taxes.
Article 4.-Rural Earth. For the purposes of this Law the rural land is a territorial extension located outside the urban area, whose aptitude presents biophysical and environmental conditions to be used in agricultural production, livestock, forestry, Forestry or aquaculture, recreational, ecotourism, conservation or agricultural protection activities; and other productive activities in which the National Agrarian Authority exercises its rectory. Except for the reserved areas of security, those of the national system of protected areas, water protection and conservation areas, public and private forest and protective vegetation, state forest heritage and other
The productive use of rural land is subject to the conditions and limits set forth in this Law.
Article 5.-From the agrarian. For the purposes of this Law, the agricultural term includes agricultural, livestock, aquaculture, forestry, forestry, tourism and conservation activities related to the productive use of rural land.
Article 6.-National Priority. It is in the public interest and national priority to protect and use the rural production soil, in particular its fertile soil, which ensures the maintenance and regeneration of life cycles, structure and functions, which is intended for the production of food to guarantee the right to food and food sovereignty.
The State regulates the conservation of the productive soil, in particular it must take measures to prevent the degradation caused by the intensive use, the pollution, desertification and erosion.
In order to guarantee food sovereignty, the Municipal and metropolitan decentralized autonomous governments can declare industrial zones and urban expansion in rural soils that have no skills for the development of agricultural activities.
For this purpose the Authority National Agrarian, in accordance with the Law and upon request of the Municipal Autonomous Municipal or Metropolitan Government, within ninety days of the request, by means of a technical report to determine such aptitudes, (i) the change in the classification of rural land from agricultural land to land; urban expansion or industrial zone.
Any declaratory of industrial zones or urban expansion that does not comply with the provisions of the previous paragraph shall be null and void. In case the declaration made by the Autonomous Government Decentralized
municipal or metropolitan causes damage in fertile soils, it will be the immediate remediation and exercise of the right of repetition for those who have issued the decision.
Article 7.-Fundamental Principles. The following are the principles of this Law:
a) Plurinationality. The rights, values, traditions, forms of production and cultural, individual and collective practices of the communities, communities, indigenous peoples and nationalities, Afro-Ecuadorian and montubian peoples are recognized and guaranteed;
b) Interculturality. The respect of different forms of life, values, traditions and cultural practices with rural land, as a means of cultural reproduction;
c) Sustainability is guaranteed. The State promotes the efficient use of rural land fertility and conservation to ensure balanced social, economic and environmental development, ensuring the satisfaction of the needs of the present and future generations. The conservation and good management of fertile soil is the responsibility of its owners or legitimate possesionaries, for social, economic and environmental development balanced;
d) Participation, social control and transparency. The State shall ensure the exercise of the constitutional right of citizen participation, control and transparency of management;
e) Systemic productivity. The State promotes sustainable agricultural production, agro-food processing, scientific research, knowledge dialogue, technological innovation, the rescue of ancestral knowledge and increased productivity.
f) Rural work. The generation of rural employment, decent work of family farming, and respect for labour rights and equitable redistribution of wealth are promoted;
g) Efi economic and social science. The State supports agricultural production subject to quality standards, profitability and increased family income;
h) Equal access to rural land. The State establishes redistribution policies that allow for equitable access to rural land;
i) Social, gender and generational equity. The State guarantees the validity of the principle of social, gender and generational equity in its policies for access to rural land;
j) Ban on latifundium and the concentration of rural land. The State will make effective the ban on latifundium and prevent the concentration of rural land;
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k) Agricultural border regulation. The State regulates and controls the advance of the agricultural frontier that can affect fragile ecosystems, such as moorlands, mangroves, wetlands, cloudy forests, tropical, dry and humid forests, natural, cultural and archaeological heritage areas; and in general, in protected natural areas and particularly in the territories with high biodiversity or generate environmental services. And it protects rural land from unplaned urban growth. The current human settlements and the productive activities that the respective management plan will have are recognized and respected;
l) Reality of reality. The facts are prioritized, the forms and formalities that can be distort, hide or impede the exercise of the right to property of rural land; and,
m) Administrative speed. The State gives priority attention to the recognition of rights, redistribution of rural land and resolution Article 8.
From the fi nes. These are the purposes of this Law:
a) Ensuring the legal certainty of the ownership and regular possession of rural land and the territories of communities, communities, peoples and ancestral nationalities;
b) social and environmental function of rural land ownership;
c) Normar sustainable use and equitable access to rural lands with agricultural, livestock, forestry, forestry, aquaculture and conservation fitness;
d) Regular use land ownership of state rural land;
e) Redistributing state rural land and the others who enter the state patrimony, in favor of peasant organizations;
f) Strengthen the peasant family agriculture in the production, marketing and productive processes;
g) procedures for establishing maximum limits for land ownership; mechanisms for controlling and eliminating the concentration of land;
h) Promoting, encouraging and strengthening the production and marketing of land and the owners of small plots and forms of social organization for the development of the
i) Create and regulate the operation of the National Land Fund;
j) Promote the sustainable production of rural lands and encourage the production of healthy, sufi and nutritious food, for guarantee food sovereignty;
k) Regular forms, conditions and deadlines for transfer to third parties, the domain of the state rural land awarded; and,
l) Incentives for the improvement of agricultural productivity, conformity with the Constitution and international instruments of collective rights.
Article 9.-Agricultural Policy Guidelines. For agricultural development, the following rural land guidelines will be considered:
a) Regular rural land ownership;
b) Ensuring equitable access to property to those in rural areas.
c) Support the rural economic development of the agricultural sector, in accordance with the plans for development and territorial planning, the national agricultural plan and the water plan national;
d) Establish a preferential scheme of incentives in favour of agriculture family members, small and medium agricultural producers and peasant organizations, communes, communities, peoples and nationalities, for the development of their investments in accordance with the Constitution and the Law;
e) Provide technical assistance and ongoing information, promote dialogue of knowledge and public investment aimed at ensuring food sovereignty;
f) Keep, protect and improve soil fertility;
g) Promote alternative marketing channels for agricultural products; and,
h) Other channels the National Agrarian Authority.
Article 10.-Of the benefi cios. In order to stimulate and encourage the and possessionals of rural lands and encourage them to produce sustainable, sustainable production and to guarantee food sovereignty, the State at its various levels of government will carry out the Following actions:
a) Dictate economic measures and establish products and services for small and medium-sized producers that support the association of small and medium-sized owners, constitute associations, rural community groups or enterprises;
b) Driving program development and projects for productive entrepreneurship by small and medium-sized associated producers, in order to link them in programmes for the provision of monetary resources for venture capital, financial services for support, technical assistance, agricultural insurance and credit guarantee.
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c) Develop sectoral production, agricultural marketing and agro-industry programs, with special attention to territorial jurisdictions with a lower rate of human development; and,
d) Promoting processes of integration or regrouping of small plots, associative production and marketing; and information programmes on the market, financial services, technology, among others.
The Board of monetary and financial policy and regulation, or (a) to do its own times, to determine a preferential or specific interest rate for credit operations occurring in the agricultural sector of family farming and the popular and solidarity economy.
articulate through the mechanisms of the National Credit Guarantee System, Risk Capital Funds and the National Land Fund.
Article 11.-Of the social function. The ownership of rural land must comply with the social function. It presupposes that the agricultural production system established in the area maintains a sustainable and sustainable production to guarantee food sovereignty, the generation of family work or employment, the development and strengthening of the production capacity, agro-industry and agricultural exports, in accordance with the Law. In addition, the social function of rural land ownership implies that the right of the owner or possesionary does not affect other individual and collective rights that contribute to it.
The rural area with productive aptitude, meets the social function when meeting the following conditions:
a) Productive activities are carried out in a continuous, sustainable and sustainable manner, including rest periods;
b) Genera family work or employment;
c) for its extension and productive science does not constitute latifundio, established by the Authority National Agrarian, or concentration of rural land, in the terms of this Law;
d) The use of irrigation, drainage, existing infrastructure and other works that the State has implemented to improve production and the agricultural productivity;
e) Keep the production and productivity averages established by the National Agrarian Authority according to the area in which it is located and to the production system;
f) the individual and collective rights of workers and human populations in the area of information
g) Technologies that do not affect the health of workers and the population are used.
The criteria for establishing the means of production and productivity of each agro-ecological zone will be used by the National Agrarian Authority, based on the following parameters:
1. Soil fitness considering physical, chemical and biological conditions, climate, altitude, topography, soil moisture and fertility, salinity, alkalinity, among other elements, such as resilience, seed quality and type of inputs;
2. Productive potential of soils that allows to obtain economic benefits, considered according to the type of product for each zone, seeds and inputs according to the methodology that will be established in the regulation to this Law; and
3. Zonal mapping of soils according to the characteristics of the edafi and topografi cas.
For the determination of the compliance of the social function the variables set out in the technical annex number two that are part of this Law, applied in accordance with the regulations thereto.
This non-compliance must be remedied by the owner within the following year from the notification of the National Agrarian Authority.
Article 12. environmental function. The ownership of rural land must comply with the environmental function. It should therefore contribute to sustainable development, rational use of soil and the maintenance of its fertility in such a way as to preserve the resource, agrobiodiversity and water catchment areas to maintain productive capacity, the food production, ensuring the availability of quality water and contributing to the conservation of biodiversity. The existing production system in the predium will allow to optimize the relation of the agricultural activities with the biophysical characteristics of the natural environment. Compliance with the environmental function also entails respect for individual environmental rights, collective rights and the rights of nature.
Rural land with agricultural aptitude meets the environmental function when its production system meets the following conditions:
a) Productive practices that promote the sustainability of renewable natural resources and agrobiodiversity applied to agricultural activity are used;
b) Laws and regulations are complied with. technical parameters of environmental quality in agricultural matters, according to the regulations
c) The criteria for the management of natural resources and zoning for land use with agricultural aptitude contained in the production plan are observed in order to avoid processes such as: erosion, salinity, compaction, loss of fertility and productivity, loss of plant cover; degradation of soil structure, among others;
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d) Actions to avoid contamination, sedimentation of bodies of water, decrease of flow rates and waste of water; and
e) the parameters established by the National Agrarian Authority in coordination with the National Environmental Authority for soil protection, where there is plant cover, planted natural forest, moorland or mangrove and bushland species.
This law will establish the parameters of compliance with these conditions and will incorporate the mechanisms of inter-institutional coordination to determine compliance with the environmental function, according to the methodology of application of the variables to be considered, according to the technical annex number two of this Law.
The environmental function of the rural land of private or community property dedicated to the conservation of renewable natural resources recognized by the competent authority, such as areas under state incentive for conservation, protection or legally regulated forest production, recreation or ecotourism activities.
The state will establish policies and generate incentives and incentives for those who fulfill the social function and the environmental function.
Failure to comply with the environmental function will be established by the National Agrarian Authority. the National Environmental Authority.
For the determination of compliance with the environmental function, the variables set out in the technical annex number two that form part of this Law, applied in accordance with the regulations to the same.
Article 13.-Environmental regulation to rural property. In rural lands where fragile ecosystems exist, especially moors, mangroves, primary forests, wetlands, or others that are part of the public water domain, the agricultural frontier or agricultural use may not be expanded.
The agricultural productive activities in the fragile ecosystems will require a management tool that is developed by the State in a participatory manner, and must be supported by in the studies and parameters established by the National Environmental Authority.
Article 14.- Support policies. The fulfillment of the social and environmental functions of the rural properties of family farming, will have the support of the State that will dictate the necessary policies and establish the means and instruments for the effect.
Article 15.-Of the priority in the redistribution of rural lands. The legal persons, made up of the landless peasants, with little land or land of low quality, the producers of the family agriculture
peasant or the small and medium producers of the popular economy and solidarity, which are organized under solidarity schemes determined by the competent authority and legally recognized by the competent authority, will be able to access the land redistribution programs that are part of the state patrimony, including those that have been expropriated in accordance with this Law. Priority will be given to organizations whose members are counted:
a) Las and rural dwellers, who directly hold one or several family members with disabilities or rural residents who have some type of disability;
(b) Women and mothers of families who have taken over the household;
c) The workers who provided services for a period of more than one year, in the productive units that have been transferred to any title or that in the future they were to the State;
d) Las and the rural heads of landless;
e) young rural people without land; and
f) Las and migrants in the process of returning or returning to the country.
In all cases, one and two of the poverty line determined and regulated by the authority must be under the quintile
Article 16.-From extreme poverty.
priority, the National Agrarian Authority will transfer to peasant families in extreme poverty. living in more depressed rural areas, areas of productive land not less than one Family Productive Unit, to promote agricultural production, providing training, technical assistance and financial support.
Benefi ciary families must accredit in correspondence, access of their members to programs of education, public health; and production of self-consumption. The priority criteria of the previous article will be observed.
The payment of the value of the award awarded and its interest shall be payable and shall be payable after five years after its transfer and in accordance with the
17.-Rural lands that constitute national public goods. It is prohibited to acquire or occupy any title of rural land that constitutes national public goods, such as: snow, roads and rural roads in use or disused, beach, bay or mangrove areas and land adjacent to the sea. up to the highest tide line, subsea platforms or sockets, continental and island and river beaches, except for concessions or authorisations granted by the competent authority.8- Monday, March 14, 2016 Supplement-Registration Ofi cial Nº 711
The rural lands that are part of the national system of protected natural areas, make up the natural heritage of the State and are governed by its Law.
Article 18.-Limitations to state rural property. The rural lands of the State are not subject to the acquisition of domain. The rights or taxes constituted on the lands of the State are null and void, for which to do so have been arroganed the quality of the owners or possessionals.
Article 19.-Guarantee of food sovereignty. The National Agrarian Authority in accordance with the Law, in compliance with the national agricultural plan, in application of the sectoral public policies and in coordination with the policies of the Autonomous Decentralized Governments, will ensure the compliance with the strategic objective of food sovereignty and agricultural productive development.
To ensure food sovereignty, the purchase, sale, lease or usufruct of productive rural lands by one or more of the natural or legal persons shall be authorised by the National Agrarian Authority when it exceeds the two hundred hectares in the Sierra and foothills, one thousand hectares on the coast and one thousand five hundred hectares in the Amazon and Galapagos. The regulation to this Law will determine the criteria for the delimitation of these regions.
For this fi n, received the request, the National Agrarian Authority within thirty days will authorize the purchase, lease or usufruct, of the pregod understood in the superfi cise already indicated. Such authorization shall be considered as the sole criterion, which does not affect food sovereignty, in accordance with the methodology laid down in the regulation to this Law.
The integration of the property must also be authorized. lease of multiple premises under any mode, which together exceed the above superfi cides.
Article 20.- Foreign investment. Foreign public undertakings in the guarantee of food sovereignty may acquire, lease or take in usufruct, rural land in the national territory for agricultural production projects, subject to the authorization of the Agrarian Authority. National, in accordance with the provisions of this law.
Foreign public companies will be able to participate in agricultural projects of national interest in association with national public companies, mixed economy companies, persons natural or private legal entities, communities or Community enterprises, provided that they
foreign companies will be able to participate directly or in association with national public companies, mixed economy companies, private companies or with associations or cooperatives.
The foreign investment for purchase, lease, or usufruct of rural land will be made in an extension that does not give rise to a concentration of land or speculation, in accordance with this Law and other rules that are applicable.
Foreign investment in agricultural matters should seek to generation of productive capacity, employment, incorporation of national components and technology transfer, as well as contributing to ensuring food sovereignty.
Article 21.-Special limitations. The transfer of ownership of rural land in favour of foreign natural or legal persons in a twenty-kilometre strip parallel to the border lines, in accordance with the Law, is prohibited. They will also not be able to acquire any title rural land in the areas of security or protected areas.
CHAPTER I
OF RIGHTS ATTACHED TO RURAL LAND OWNERSHIP AND
TERRITORIES
Article 22.-Right to property. It will recognize and guarantee the right to property on rural land in its forms and modalities: public, private, associative, cooperative, community and my xta.
Article 23.-Collective rights. It will be recognized and guaranteed in favor of the communes, communities, peoples and indigenous peoples, Afro-Ecuadorians and montubians, the right to preserve community property and to maintain the possession of their ancestral lands and territories (a) the community shall be awarded in perpetuity free of charge, in accordance with the Constitution, covenants, agreements, declarations and other international instruments of collective rights.
The right to participate shall also be guaranteed the use, usufruct, administration and conservation of their lands and territories.
Community ownership of the land consists of the collective right to use, enjoy and dispose of it, through the collective entity that represents the members of the commune, community, people or nationality and the decisions of the organ or the management of the same, in accordance with customary norms, laws and constitutional provisions.
In lands and territories in property or ancestral possession, from their own forms of coexistence and social organisation and generation and exercise of authority, the authority shall exercise the authority and social control of the territory in accordance with its uses and customs.
The ownership of the community lands and the lands and territories in ancestral possession, is imprinted, inalienable, inembargable and indivisible and will be exempt of the payment of fees and taxes.
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The State shall ensure the legal security of such lands and territories and establish public policies for the strengthening and development of the communes, communities, peoples and nationalities through priority investments.
Article 24.-Right to equitable access to land. The State will implement redistributive policies that guarantee the right to access the land with productive resources, to the people who are part of peasant and peasant organizations without land or the popular and solidarity economy. dedicated to agricultural activities, with little land or land of low quality or with restrictions on the use or right of ownership.
They also have the right to access to rural land, who are in agricultural possession in application of the titling policies provided for in this Law.
Article 25.-Equality law and not discrimination. For the exercise of the right to access rural land, the State shall guarantee the rights to formal equality, material equality and non-discrimination.
Article 26.-Right to the organization. The State shall ensure natural or legal persons the right to associate, to meet and to demonstrate and, accordingly, to form organizations for the achievement of their common purposes inherent in the subject matter governed by this Law.
Article 27.-
Article 27.-
Organizational Sustainability. The institutions of the State will support administrative and administrative support. technically, the institutional strengthening of small and medium-sized farmers ' organizations In addition, it is necessary to ensure that, in order to promote the development of organizational and management capacities, the training of their leaders, the permanence of organizations and the fulfillment of their collective objectives and objectives.CHAPTER II
OF PEASANT FAMILY FARMING
Article 28.-Defi nition. Peasant family farming is a productive, agricultural, harvesting, aquaculture, forestry or forestry modality, which implies a way of life and a cultural reality, combining economic, environmental, social and cultural functions.
It is characterized by:
a) Limi access to land and capital;
b) The preponderant use of the familiar workforce;
c) The linkage to the market through the sale of primary or elaborate products, work employee, purchase of inputs and consumer goods; and,
d) The diversification of activities
goal is the social reproduction of the family in dignified conditions that contribute to the guarantee of food sovereignty. The ownership of the means of production, the management of the productive unit and the investments belong to the family. The majority of the work is provided by the members of the staff; and, within it, the transmission of values, practices and experiences, developed in a productive unit or in several units that work associates, is carried out.
Natural or legal peasant farmers must have a territorial or neighborhood link with the family productive unit.
Article 29.-Rural family farming production. Rural family farm production in general consists of the various forms of economic activity practiced with a predominance of the family labor force and whose income comes from the ownership or possession of a certain productive unit. under its management, which includes agricultural production, aquaculture, forestry, harvesting, crafts and tourism.
Article 30.-Clasification of family farming farming. This agriculture has four main modalities:
a) Subsistence family farming farming, in which members of the same family with their management, technical skills, means of production, resources and labor, manage the agricultural cycle and part of what is produced to the family car consumption;
b) Family farming family farming, is the one in which the production on the basis of the agricultural cycle is carried out mainly with labor family and where the conditions of the family productive unit allow to obtain surpluses for their
c) Community farming family farming is linked to productive units of collective or communal ownership;
d) Consolidated family farm farming is This is made up of family productive units whose productive conditions allow them to generate surpluses, hire regular labor, adopt business forms and integrate into national or international chains and markets; and,
e) Other that can be generated.
Family farming It can adopt any form of associative and community organization provided for in the Law and will be a priority for public policies for the improvement of productivity and the strengthening of sovereignty. food.
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The State will implement policies for organizational strengthening, integration of productive organization, marketing, access to markets, technical assistance, technological innovation, training in the associative management of farmers and peasants in family farming and support for their productive initiatives.
TITLE I
OF THE INSTITUTIONAL NATIONAL AGRARIAN
CHAPTER I
OF THE AU TORITY AGRA RIA
Article 31.-From agrarian policy. It corresponds to the State through the Executive Function, to direct the agrarian policy of adjudication, redistribution, use and equitable access to rural lands, as well as to control the fulfillment of the social function and the environmental function.
Article 32.-From the National Agrarian Authority. The National Agrarian Authority will be the ministry of industry, the governing body, coordinator and regulator of public policies in the field of rural lands in relation to agricultural production and the guarantee of food sovereignty.
These are the competencies and attributions of the National Agrarian Authority:
a) Control the compliance of the social function and the environmental function of rural land in accordance with this law;
b) Normar the sustainable use of soil with agricultural or forestry fitness to preserve, preserve and recover its fertile layer, preventing their pollution, degradation, erosion and desertification;
c) Develop the National Agricultural Plan with a productive, social and environmental approach;
d) Participate in the formulation and implementation of sustainable productive projects, providing technical assistance to the beneficiaries of state land redistribution programs;
e) Promoting diversification and productive conversion projects, productive infrastructure, parcelary irrigation and recovery of soils, in the pregod of peasant family farming or the popular economy and solidarity;
f) Affect, declare of public utility or of social interest; or expropriate rural lands of private domain that do not comply with the social function or the environmental function or that constitute whiplash as provided for in this Law;
g) Direct and regulate the National Land Fund;
h) Coordinate with competent institutions, access to credit on preferential terms and training of beneficiaries of titration and redistribution programmes land;
i) Adjudicate with fi nese of agricultural production, the rural land of property state and private ones that have been expropriated by the State, according to the redistribution programs or according to the agrarian possession of rural lands, in accordance with this Law;
j) To award for free title and perpetuity, conformity with the Constitution and this Law, the lands and territories in ancestral possession of communities, communes, indigenous peoples and nationalities, Afro-Ecuadorian and montubios;
k) Elaborate studies on the ability and productive capacity of the land, before initiating adjudication or expropriation procedures;
l) Protect rural land with an agricultural aptitude for land use change. Exceptionally, subject to the Law, issue a prior report to authorize or not to authorize this change for urban expansion or industrial use in accordance with the territorial order. In addition it is prohibited to change the use of rural land with a vocation or agricultural aptitude or to have public infrastructure for permanent irrigation or production.
m) Regular and control the use of products and technologies, which may affect the physical, chemical or biological characteristics of the soils;
n) Establish mechanisms and incentives for the productive integration of the small and medium-sized producers of family farming;
o) technical assistance, training and technological innovation to improve productivity and facilitate access to markets;
p) Know and resolve in administrative headquarters the claims, requests and resources in the field of rural lands that are subject to its decision;
q) Implement, organize and administer the Public Information System Agriculture;
r) Establishing agreements with the National Environmental Authority for the regulation of the system of sustainable production of the lands located in areas of the National System of Protected Areas according to their plan management;
s) Coordinate with the National Environmental Authority the lifting of the inventory of communes, communities, peoples and nationalities, and of agrarian pregod of the owners and possesionaries, located in areas of the National System of Protected Areas;
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t) Establish measures to prevent the concentration of rural land, regulate the acquisition or leasing of rural land and determine mechanisms to prevent speculation in rural land;
u) Establish and manage the rural land registry, the same one that will integrate information about state, private, community and ancestral lands and includes the cadastral information provided by the Municipal Decentralized Autonomous Governments or
v) Promote the universalization of agricultural insurance for agricultural producers; and,
w) The others set forth in this Law.
In the execution of these powers, as appropriate, it also coordinate with peasant organizations.
Article 33.-Responsibility. Las and the owners, possesionaries or those who have in usufruct the rural land, in the terms of this Law, are responsible for the fulfillment of the social function and the environmental function.
The National Agrarian Authority will provide The Commission has also been responsible for the implementation of the reform of the common agricultural policy, which is based on the principles of the common agricultural policy and the common agricultural policy. technology, promotion, rural infrastructure, equipment, support for access to markets and circuits In order to support the use and efficiency of the land.
Article 34.-Financial assistance for the use of land. The State, in coordination with the public, private and public financial system entities, will promote the generation of financial products, credit lines and preferential interest rates, and other similar products.
These credits will be directed to small and medium agricultural producers, rural women working in family farming, and the popular and solidarity economy, " he said. agreement with local food production processes.
preferential rural credit, according to the diversity and particularities of the demand, will be regulated in accordance with the Law.
To guarantee the collective rights, the State will constitute a guarantee fund to support the credits to be granted by the financial institutions of the private public sector or the popular and solidarity economy, for the productive activities that the members or families of the communes, communities, peoples and nationalities undertake.
Article 35.-Social participation and control. The Advisory Board for the formulation, observation, monitoring, oversight and evaluation of public policies in the field of equitable redistribution of state lands, titling of community lands and ancestral lands and territories; information on cases of latifundia and concentration of rural land. The same will be integrated with citizens representatives of civil society and national representatives of producer organizations, communes, communities, peoples and nationalities; through the process of selection and designation
This Advisory Council on the public policies of rural lands and ancestral territories will follow up on national land policies and will exercise the social oversight of the management of the National Land Fund.
CHAPTER II
OF THE NATIONAL LAND FUND
Article 36. -From the constitution and fi nès of the National Land Fund. The National Land Fund is established, as an instrument of social policy, for the equitable access to land by legally recognized organizations of producers of family farming; with a view to the eradication of rural poverty, equality and the promotion of social justice to strengthen food sovereignty and contribute to democratizing access to land.
The National Land Fund will be administered by a public company chaired by the National Agrarian Authority or another administrative entity established by decree The aim is to make the enjoyment and exercise of the right to access rural land equally effective; to sustainably manage the heritage of state rural lands, to support and contribute to the promotion of rural development and the efficient production of the redistributed land.
The public undertaking or entity established by executive decree administering the National Land Fund, in accordance with the law, shall constitute a administered by public financial institutions or private financial institutions for the fulfilment of their financial institutions.
The National Land Fund will be constituted with the following resources:
a) Those that integrate the state rural land patrimony provided for in this Law and the assets, furniture and buildings transferred to the National Agrarian Authority under the Law;
b) Private premises expropriated under this Law;
c) Resources arising from the recovery of the values of the rural land allocation processes carried out by the National Agrarian Authority;
(d) The income accruing to the goods entering the Fund;
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e) Those coming from international cooperation expressly donated to the Fund;
f) The budget allocation intended exclusively for the Fund; and,
g) Other legally transferred to the Fund.
The National Agrarian Authority may receive from the State land, land, land, rights and shares, and other assets of this species and transfer them to the National Land Fund for administration.
Article 37.-Operation of the fund. The President or the President of the Republic, by means of a regulation, shall establish the form, conditions and requirements for the operation of the National Land Fund; the access requirements, the credit and payment procedures to be granted, fl exible liquidity allocation mechanisms and other conditions which are necessary to regulate for proper functioning. The Fund shall also establish a non-reimbursable allocation mechanism to strengthen technical and administrative management capacities and to improve the partnership. Your administration will be subject to the evaluation and audit of the State control agencies.
For the achievement of the Fund's objectives, the National Agrarian Authority may conclude agreements with other public, private or public bodies. entities of the popular and solidarity economy, Decentralized Autonomous Governments.
Article 38.-Users of the fund. They will be users of the National Land Fund, exclusively, the legally recognized organizations of peasant family agriculture and the popular solidarity economy, whose members do not have land, this is of low quality or they have In an extension lower than the Family Productive Unit.
To access the land redistribution programs, which are funded through the National Land Fund, the farmers ' organizations qualified by the Agrarian Authority National, must carry out a productive project with the assistance and technical follow-up of the the Authority and with the financial support and supervision provided by a competent body, so as to ensure the monitoring of the development of the projects, for its proper implementation in accordance with the regulation to this Law.
The National Land Fund, will establish preferential financing mechanisms and subsidies for credit rates for small and medium-sized producers and peasant family agriculture to facilitate the purchase of productive land.
The National Agrarian Authority will annually determine the amount of the Fund's resources.
The values that require the expropriation of a rural property by public utility declaration or
of social interest will be used to pay for the value of the property expropriated by the causes provided for in this
. the annual budget of the National Agrarian Authority, which is charged to the public policy of rural land redistribution.
Article 39.-Credit guarantee system. The Credit Guarantee System created by Law, can support the financial operations carried out by the public, private and popular financial institutions authorized by the National Land Fund. as well as the credit requirements of families belonging to communes, communities, peoples and nationalities, subject to the conditions laid down in this Law.
It can be admitted as guarantees of these credits: production, machinery, equipment, personal guarantees, invoices and other instruments. The granting of new credits will be conditional on the payment of the credits already granted to other members of the community and which have a positive credit history, so that the payment of the obligations will be supported in solidarity and in the social control of the members of the commune.
Article 40.-Prohibition. The lands acquired and awarded to the peasant organizations by the National Agrarian Authority, through the resources of the National Land Fund, will not be able to be set up for fifteen years counted from the day of their registration in the Registration of the corresponding Property, except for the sale of mortgage provided for in article 71 of this Law.
CHAPTER III
AGRICULTURAL PUBLIC INFORMATION SYSTEM
Article 41.-Of The System. Create the Agricultural Public Information System, in order to generate, manage and provide timely information to producers and economic agents involved in production and in the agricultural and service markets. related to rural land.
This system will integrate information regarding:
a) Economic aspects relevant to productive agricultural activity, rural development and food sovereignty;
b) Aptitude and use of the rural land;
c) Levels of productivity, fertility and soil vulnerability;
d) Information regarding the supply and demand for rural land and water for irrigation;
e) Type of ownership and form of acquisition;
f) Agricultural statistics;
g) Weather conditions;
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h) Marketing of agricultural production and prices;
i) Commercial intermediation margins relating to family farming farming;
j) Agricultural contracts, lease and contract farming modalities;
k) Sources and conditions of credit, agricultural credit distribution structure;
l) Rural infrastructure: mobility, irrigation, collection and marketing;
m) Mapping;
n) Technology and technical services;
o) Rural Catastro; and,
p) Other topics that require the integrality of the system.
The National Agrarian Authority, in coordination with the Authority of the National Public Data Registry System and the Autonomous Decentralized Governments, will implement and keep this system updated in accordance with the Act.
Article 42.-Of the record. It is a component of the Agricultural Public Information System, under the responsibility of the National Agrarian Authority, the Land Registry of the Rural Land, an instrument that guarantees legal certainty in the exercise of public policies in rural land derived from the application of this Law.
In the Land Registry, private, community and state rural lands must be included; and mixed, cooperative, cooperative, land transferred or awarded by the State, the land which, to any title, becomes part of the patrimony of rural state lands and information on ownership or possession, leasing, usufruct or any other contractual modality, location and extension of rural areas.
Forman part of the Land Registry, the information The former Ecuadorian Institute of Agrarian Reform and Colonization, the former Agrarian Development Institute, and all other information from rural land in the state. The regulation to this Law will establish the information to be contained in the Land Registry.
For the purposes of this Law, the State authorities and the Autonomous Decentralized Governments, as well as the Registrar of the They must provide the Agricultural Public Information System, the statistical, documentary, technical, cadastral and planning information it requires. To this effect, they will transmit to the register of the Public System of Agricultural Information
the cadastral information to their position on rural prediums, in a semi-annual form. Lease, usufruct, or other land use contracts will also be recorded.
Article 43.-Of availability. The information in this system will be available using information and communication technologies and will be open to the general public, in accordance with the law, in all of the National Agrarian Authority's own resources or by means of
The information that is integrated into the system is in the public interest and responsibility of the State.
CHAPTER IV
RURAL LAND PLANNING
Article 44.-From the planifi Production. The plans and programs for the implementation of this Law are framed in the guidelines of the planning and territorial planning of the national territorial strategy and the strategies of rural development in charge of the autonomous governments decentralized province, in armon with the regularisation of rural land and land use and with the Plans of Use and Soil Management of Autonomous Municipal and Municipal Decentralized Governments, in accordance with the Law.
The expansion of urban areas in rural areas of agricultural aptitude, without the authorization of the National Agrarian Authority provided for in the Law, it lacks validity and has no legal effect.
Article 45.-From areas of agricultural development. In coordination with the central State entities and governments The National Agricultural establish agricultural development zones, in which it will implement intervention plans to promote the regularization of rural lands and the efficient use of the soil, meeting national planning criteria, regionalisation, equity, priority, integrality and sustainability.
In this process members of communes, communities, peoples and nationalities will have priority, for which legal and economic facilities will be provided, establishing the allocation of a budget for this purpose.
The planning of the agricultural development zones will include plans and programs for investment, promotion and protection of soils, as well as the promotion of sustainable and sustainable practices that contribute to the sovereignty of the country. food in accordance with the Law.
Article 46.-From the agricultural production. The system of agricultural production will be carried out from the productive zone established in the National Agricultural Plan in accordance with the national plan; the National Territorial Strategy; the National Plan of Riego; and Drainage and Water Planning
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National; and in accordance with the Soil Use and Management Plans of Municipal and Metropolitan Decentralized Autonomous Governments; and, the Development and Territorial Ordinance of the Provincial Decentralized Autonomous Governments.
The order will guarantee food sovereignty, respect the agricultural fitness of rural land, the protection and sustainable use of the Fertile layer, increased productivity of areas dedicated to activities
regulation of this Law will support the technical criteria for the organization of agricultural production, in accordance with the provisions of the Organic Code of Territorial Organization, Autonomy and Decentralization.
Article 47.-Land Zonifi. The National Agrarian Authority will out the studies of the use of rural land and establish agricultural, aquaculture, forestry, forestry, forestry, according to the guidelines of the National Agricultural Plan and in coordination with the Provincial Decentralized Autonomous Governments. In the forestry and ecotourism, it will be carried out in coordination with the respective authorities; they will classify them for their agronomic, social, economic and ecological condition, in order to defend the agricultural zone, in accordance with the Plan of Use and Management of the Soil to be formulated by the Municipal and Metropolitan Decentralized Autonomous Governments, which will be binding on the public institutions, within the framework of the National System of Economic Planning and indicative for the private sector.
Article 48.-Participatory planning. The National Agrarian Authority considering the priority and sustainable uses of rural land, will formulate the Plan of Participatory Management, Conservation and Recovery of Soils that will contribute to the sustainability of the fertility of the rural land and increased productivity; and prevention and reduction of pollution in all its forms.
The plan will have the participation of the Autonomous Decentralized Governments and the Single Water Authority in accordance with the Law, as well as social organizations, peasants and communes, communities, indigenous, Afro-Ecuadorian and montubian peoples and nationalities living in the territory.
CHAPTER V
OF THE PROTECTION AND RECOVERY OF FERTILITY OF THE EARTH ' S Rura L OF
PRODUCC ION
Article 49.-Protection and recovery. For being in the public interest, the State will promote the protection, conservation and recovery of the rural land, of its fertile layer, in a sustainable and integrated manner with the other natural resources; it will develop the planning for the exploitation of the capacity of use and its productive agricultural potential, with the
participation of the local population and offering its support to the communities of the peasant family agriculture, to the organizations of the popular economy and solidarity and small and medium producers, with the implementation and control of good agricultural practices.
Article 50.-Limit to the extension of the agricultural frontier. It limits the advance of the agricultural frontier in fragile and threatened ecosystems, such as moors, mangroves, wetlands, cloud forests, tropical, dry and humid forests, areas of natural, cultural and archaeological heritage.
the human settlements and the existing agricultural activities in these areas. In the case of the pregod of communities or individual persons of family subsistence farming, these activities shall be carried out in a zonal management instrument which includes their co-responsibility for the control of the family. expansion of the agricultural frontier and environmental protection, which will be formulated by the National Agrarian Authority in a community participatory process and according to the guidelines issued by the National Environmental Authority.
advance of the agricultural frontier in the non-intervening moorlands that are located on the 3300 meters of altitude above sea level, north of the parallel three south latitude, and at 2700 meters of altitude, south of that parallel; and in general, in protected natural areas and particularly in territories with high biodiversity or that generate environmental services.
The conservation and use of fragile and threatened ecosystems will be regulated by the National Environmental Authority in coordination with the National Agrarian Authority.
Incentive programs will be implemented economic for communities, communes, peoples and nationalities that inhabit fragile ecosystems,
Private prediums that are not part of the family farming farming of subsistence, located in moorland must have the respective environmental authorizations.
Agricultural products that are executed in lands located in areas that are part of the National System of Protected Areas, must comply with the guidelines and regulations issued by the National Environmental Authority in coordination with the National Agrarian Authority.
The change of use of rural lands to the conservation of renewable natural resources. The National Environmental Authority will regulate and control compliance with these policies.
Article 51.-Institutional coordination. The National Agrarian Authority, in coordination with the National Environmental Authority and the Autonomous Decentralized Governments, will be responsible for the compliance with this Law in the area of protection and recovery of the
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rural land and will coordinate with the Single Water Authority, with the Autonomous Decentralised Governments and with representatives of social and social organisations. communes, communities, peoples and nationalities, the protection, conservation and recovery of the fertile soil of rural soil, the efficiency of irrigation systems and the execution of the National Riego Plan.
Article 52.-Measures and recovery practices. The National Agrarian Authority will identify the most rural soils fertility and those who are in critical condition. Promote and provide for the implementation of agronomic measures and practices that lead to the conservation and recovery of the soil's fertile soil.
The rural lands that are found in fragile moors and ecosystems will have a plan of managed with the support of the National Agrarian Authority and approved by the National Environmental Authority.
Article 53.-Prevention of pollution. The National Agrarian Authority in coordination with the National Environmental Authority will investigate, control, promote and recommend the use of soil management practices to prevent water pollution and soil soil contamination, caused by the improper use of agrotoxic products, providing for the necessary rectifies for their compliance, without prejudice to the application of the administrative penalties provided for in the environmental laws.
tenants, holders, users of rural land or who in any other way They are obliged, subject to the environmental control rules to prevent degradation of agricultural soils and environmental pollution.
TITLE II
OF THE REGULARIZATION OF RURAL LANDS
CHAPTER I
REGULARISATION
Article 54.-Defi nition. The regularization of the possession agrarian is the set of actions determined in this Law, p ara legalio ar, holder, redistribute or recognize the right to property on the state rural land.
The regularization is competition
for the purposes of this Law, the regularization includes:
a) The administrative acts of the titration of state rural lands in favor of natural persons of family agriculture peasant economy or the popular and solidarity economy and legally recognized peasant organizations (b) Administrative acts for the redistribution of state rural land by the award of legally recognized peasant organizations, whose activities are not limited to the minimum of five years;
b) Members lack land or have a minor extension to the Family Productive Unit and correspond to the priority care sectors advocated in this Law;
c) The administrative acts of legalization of ancestral territories in favour of communes, communities, peoples and nationalities who are in ancestral possession; and,
d) Sanitation and resolution of confl ictos on lands entitled by the application of the mediation procedure in common administrative headquarters, on the disputes arising out of the formalities of qualification or redistribution.
The mediation procedure can be used at any stage where the procedure is found in the common administrative headquarters. The agreement to which the parties arrive will be formalized by resolution of the National Agrarian Authority and will put the controversy to the end.
Article 55.-Agricultural possession. Agrarian possession is the material occupation of an extension of rural land of the State and its fruits, which has been acquired in good faith, without violence and without hiding, in the spirit that it is recognized and awarded its property. The agricultural holding to be efi caz shall be current and uninterrupted for a time not less than five years.
The agricultural holding may be given individually or in a family capacity in accordance with the Law. The recognition of the agrarian possession will be requested by the possessionary.
Article 56.-Legal effects of the agrarian possession. The recognition of agricultural possession does not constitute a title of dominion. However, the postesionary by exception, when it has not yet applied for the award, can:
a) Transfer its right of possession by means of a public instrument. In this act, the time of possession is not carried out, but only the possession of the predium in a public and peaceful manner, for which reason the new possessionary must prove the minimum time of five years to be awarded to the State rural land; and,
b) For the cause of death the agrarian possession of rural state land is transmitted. However, this does not constitute a fair title while it is not awarded. The causative will transmit to his heirs the time of land possession of the property.
The levies constituted on land of the State by those who do it, have been falsely arrogano the quality of the owners or owners; as well as the acts and contracts awarded by individuals on such land.
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State rural landbe constituted on the of any real right by the sole will of the individual. Only by administrative act which emanates from the National Agrarian Authority can be constituted title of domain in favor of the individuals.
The lands to which the "rights and actions of the site" are refi, " rights and actions of mountain " or similar, are state lands and must be awarded to their legitimate possessionals in accordance with this Law. Consequently, those who have owned or cultivated those lands, founded on such titles, are obliged to acquire them in the form and within the limits established in this Law; otherwise the National Agrarian Authority will have them.
Article 57.-Instruments legally inefi caces. Transfers of rights based on "possessions, rights and actions of site", "mountain rights and actions" and those arising from such instruments and other similar instruments, such as hyjuelas, the sale of rights and shares, inheritances, Donations, the acquisition of a domain over state land, do not constitute a title of property due to the fact that they have registered with the Land Registry and the Land Registry in the municipality, even if they have paid taxes for the property.
It is forbidden to notaries, property registrars and municipal officials, protocolise, certify, incorporate in the register, register or authorize partitions, succession, transfer of domain and more acts and contracts based on titles, instruments or "rights and actions of site", "rights and actions of mountain" and other similar. In doing so, however, such a prohibition, such actions, acts and contracts shall be presumed to be legally void, without prejudice to the legal liability of those responsible and the appropriate sanction.
Article 58.- Housing regularization of rural lands that are currently occupied or destined for the housing of peasants and peasants who are in possession of state lands, is the responsibility of the authority of urban development and housing, in coordination with Decentralized Autonomous Governments.
CHAPTER II
OF THE AWARD
Item 59.-Award. The award is the public administrative act of disposal or disposal of rural lands, through which the State transfers and title the domain of a property of its patrimony, in favor of the natural person who has been in possession (a) State rural land and that it has complied with the requirements laid down in this Law and its regulations.
State land is also transferred to legal persons as part of redistribution programmes and those private rural lands that
have been declared of public utility or social interest or expropriated for not having complied with the social function or the environmental function, as provided for in this Law.
For the purposes of this Law, the award of rural land in agricultural possession constitutes a fair title.
Article 60.-Of the obligations of the successful tenderers. Natural or legal persons awarded state rural land are subject to the following conditions:
a) Comply with the social function and the environmental function of rural property;
b) Take advantage of the land awarded in accordance with a productive management plan, incorporating economic, social and environmental considerations, approved by the National Agrarian Authority;
c) Maintaining the integrity of the provision, in the terms of this law. However, with the express authorization of the National Agrarian Authority it will be possible to split once the price has been paid and the deadline of fifteen years from the award has been fulfilled and the plan of productive management has been fulfilled, provided that it does not In the case of the family,
is a need for the family to be able to take part in the family's income. By way of exception, land ownership rights awarded in favour of the National Agrarian Authority may be transferred through permuse with other land. In the case of legal persons, the resolution of the general assembly of members with the favorable vote of the two thirds of the partners is also required;
e) Working the land personally and directly or in a family way or with the employment of complementary agricultural labour, with the exception of those who are under contract of legally concluded agricultural lease;
f) Maintain the demarcation of the lines of the property awarded; the constitution and Easements enforcement;
g) Paying the value of the award on the terms you set the Award providence; and,
h) The others provided for in this Act and its regulations.
Failure to comply with these conditions constitutes a causal reversal of the award.
Article 61.-Control of the awards. The National Agrarian Authority will execute the continuous monitoring of the fulfillment of the objectives, obligations and commitments assumed by the successful bidders, as regards the rural lands awarded.
Article 62. Of the fractionation.- In the case of succession of hereditary property or liquidation of the conjugal society, the property of the lands awarded by the
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State shall remain pro-undivided, where its extension is equal to or less than the family productive unit, without prejudice to the right of one or more of the co-owners to acquire the full rights and shares.
The co-owners will have preference to access the public credit and maintain production of the property.
Article 63.-Exclusions.
(a) Foreign persons within twenty kilometers adjacent to the country's borders, security areas, protected areas in accordance with the Law; and those who for their part immigration status is not allowed to engage in economic activities on a permanent basis;
b) Those who by administrative resolution in respect of the executing judicial judgment have been declared to be invaders or to land the land;
c) Natural persons whose economic activity is not compatible with the activities agriculture, forestry, forestry, aquaculture, conservation of renewable natural resources; recreation or ecotourism; and legal persons who do not have as their object the indicated activities, in the redistribution programs;
d) they have been beneficiaries of an earlier award of land, with the exception of those and the successful recipients of land whose superfi is less than the Family Productive Unit;
e) Those who have lost the ownership of the land awarded, by have reversed their award or transferred it for sale.
f) Officials public that in any way they intervene in the processes of adjudication, their spouses and relatives up to the fourth degree of consanguinity and second degree of the law; and,
g) the entities of public law and in general the entities of the Institutional Public Administration of the Executive Function, with the exception of the entities of Education, Health, Safety and National Defense; when the purpose of the award is the creation of educational or health centers, the In the case of scientific research and technology transfer, the requirements for the security and defence.
The award to any of the persons or institutions included in the preceding cases shall entail the dismissal of the officials who have intervened in it, without prejudice to the declaration of the nullity of the act
Article 64.-Prohibition to the public sector. Non-financial public sector entities are prohibited from owning, leasing or using rural land with agricultural, livestock, forestry, forestry or aquaculture skills,
other than those indicated in the Law. If rural lands enter their patrimony, they will be transferred to the National Agrarian Authority for the purposes provided for in this Law.
Article 65.-Of the lands for the parcelary productive integration. The National Agrarian Authority will give speed to the certification processes, for the implementation of programs or plans for the productive integration of rural lands whose extension is less than the Family Productive Unit, developed on the initiative of the small producers of the peasant family agriculture, in accordance with this Law.
The and the adjoining owners will have the right to acquire the predium that has a minor superfi to the Family Productive Unit.
Article 66.-Land value and form of payment. In all cases of the award of rural land by the State to individual possessionals, the value will be determined by the National Agrarian Authority in accordance with the Law and the Regulation, the same as that which will be cancelled by the (c) This cancellation may be made in cash or in securities payable annually, within a period of up to 15 years, with a preferential interest, taking into account the economic partner conditions and the payment capacity of the successful tenderer. In the case of arrears, the interest to be paid by the monetary and financial policy and regulatory authority shall be paid.
All beneficiaries shall have a grace period of up to three years, depending on the type of production, for the payment of the capital and interest on the value of the award. In the event of cancellation by means of credits, mortgage will be constituted on the award awarded in favor of the National Agrarian Authority. Such an entity may assign the mortgage to a public, private or popular economy financial institution, to guarantee the credit acquired or the production credit, or the two together, to be the case.
The land that They will be awarded in accordance with the provisions of this Law and their regulations, taking into account the property of the property generated by the national authority of the avalums and the catstars. This value will be paid subject to the procedure provided for in the Act.
Article 67.-Recovery of securities. The value paid by the expropriated property must be recovered by the State, on a pro rata basis; however, in the event of an unsurpassed payment, not resulting from a fortuitous case or force majeure, the State will reverse the award of the compliance with the law.
In the event of a lack of insurmountable payment resulting from a fortuitous case or force majeure legally justified, the National Agrarian Authority may grant an extension for payment of up to three years.
Fortuitous case conditions or force majeure, the successful tenderer must restart the payment of his obligations.
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In case of reversal of the award, the improvements made in the provision by the successful tenderer are recognised and will be settled on the base of the endorsement by a duly qualified expert.
CHAPTER III
RULES FOR THE RURAL LAND TITLE
Article 68.-Formatures and common obligations. For the titration of state rural lands in favor of natural persons or legal persons of peasant family farming, the petitioner of the award must present a sworn statement in which it is established:
a) Not having been awarded state land in superfi cies greater than the Family Productive Unit;
b) That assumes direct responsibility in the execution of the productive management plan;
c) It has been in the agrarian possession of the land for the period of at least five years; and,
d) Accepting the commitment to pay the value
National Agrarian Authority will give publicity for its website or any other means allowed, to requests for adjudication, prior to issuing the resolution
If within the boundaries expressed in the administrative act of adjudication there is a real place greater than the adjudicated, the adjudication resolution and the value of the award must be rectifi. More if this place is smaller, it gives the right to rectifi that the value of the award and to be returned to excess.
The award of several lots of rural land, whose individual extension does not exceed the extension of the Unit Productive Family performed in favor of one or the same possessionary, will be performed simultaneously.
Article 69.-Value. For the purpose of the value to be paid by the rural land awarded, the National Agrarian Authority shall take into consideration the following parameters:
a) Type of land;
b) Geographical location of the land;
c) Topography;
d) Land or soil aptitude;
e) Altitude;
f) Predium superfi;
g) Private productive infrastructure;
h) Economic partner situation of the or the successful bidders; e,
i) Other than establish in the Law and in the regulation.
Article 70.-Perfection. The certification shall be carried out by administrative act of award of the National Agrarian Authority in the field of its competences and shall coordinate its improvement with the Autonomous Decentralized Governments.
transfer of the domain of property awarded by the National Agrarian Authority under this Law, they will be considered of indeterminate amount and will be exempt from the payment of taxes corresponding to the transfer of domain.
National Agrarian Authority shall forward the award of the award to the Autonomous Governments Decentralized municipal and metropolitan areas of the cantons or districts, where the property is located, for its land registry and registration, with charge to the successful tenderer.
The registration of the award in the corresponding Land Registry request the National Agrarian Authority within thirty days of the award. Your omission will be the cause of removal of the responsible official.
CHAPTER IV
OF THE REDISTRIBUTION OF RURAL LANDS
Article 71.-Of Redistribution. The redistr ibution implores the transfer of domain of the lands that have come to be part of the state rural lands to any title. It does not include state rural lands that are in agricultural possession in accordance with this Law.
Redistribution is a State policy that guarantees access to the productive land of agricultural organizations. legally constituted family members, whose members lack it or possess a condition for production or in a minor extension to the Family Productive Unit. With this fi n the National Agrarian Authority will establish the financial, legal and administrative measures to make the right to the property of the rural land effective.
The State will guarantee the administrative speed in the processes of (i) the legalisation of the benefit organisations and the development of their management skills.
The beneficiaries of the land redistribution programmes will be able to access credit from public financial institutions for purchase. and production of rural land and shall not be able to dispose of the land awarded in the Fifteen years ' time. However, in the case of requiring additional productive credit from a financial institution
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public, private or the popular and solidarity economy, the National Agrarian Authority may assign the mortgage to one of the listed financial institutions, for to guarantee the credit acquired or the production credit, or the two together, if the case.
In addition, they can access credit from a public financial institution with a guarantee on production, machinery or equipment or credits with personal guarantees.
The governing body on housing and urban development and governments Decentralized Autonomous, within social housing programs, can perform rural housing programs in such premises, in accordance with current regulations.
They can only return land to the National Land Fund, prior to the assessment and liquidation of its obligations before this period, by means of a permuse of the land awarded on the other hand with similar conditions.
The land that will become part of the state's rural land patrimony in charge of the National Agrarian Authority will be awarded in redistribution programs in no longer term of one year from their registration in the Land Registry. The omission of this responsibility will cause the removal of the authority in charge of the execution of this policy.
Article 72.-Direct purchase regime. The National Agrarian Authority will advise and facilitate negotiation for the direct purchase of rural land by farmers ' organizations.
The lack of agreement between buyers and sellers is not an impediment to be the case, the National Agrarian Authority declares of public utility or social interest, subject to the procedure laid down in the Law.
Article 73.-Of the beneficiaries of programs of redistribution. The award of rural land acquired for redistribution programs will be done in favor of landless farmers ' organizations or peasant family farming in the same area where the land is to be redistributed, prior registration, qualification, verification of the organization, presentation and approval of the project or production program and corresponding training in charge of the National Agrarian Authority.
redistribution of legally constituted family farming organizations integrated by:
a) Natural persons with priority access to land provided for in this Act;
b) People who are in the first and second quintiles of poverty or whose monthly income
family members of the head of the family, do not reach a single basic remuneration of each worker in general; and,
c) Persons who according to the certification of the Registrar of the Property, are owners in a personal or collective capacity of land on a superfi cise equal to or less than the corresponding family productive unit or when determine the National Agrarian Authority that the quality of the soil does not allow the generation of income to meet the basic needs of the family.
Article 74.-Defi nition. The Family Productive Unit is an economic unit of measure, estimated in a number of hectares of productive land, that allows a rural family to receive the necessary income to meet their basic needs to guarantee the
this unit of measure will be applied to determine the number of benefit families in relation to the extension of the property in land redistribution programs.
Article 75.-Constitution of the Family Productive Unit. The Family Productive Unit is constituted as a basic unit of agricultural production, the extension of which is the National Agrarian Authority in each agro-ecological zone, according to the biophysical conditions, access to services and existing productive infrastructure. The production of this Unit will have to generate sufi revenues for family reproduction, land payment and utility to improve their production system and quality of family life.
Decentralized Autonomous Governments will take Family Productive Unit as a unit of measure for the management of rural land in accordance with this Law and its regulations.
Article 76.-Extension. The extension of the Family Productive Unit will be implemented by the National Agrarian Authority, according to cadastral information, territorial planning plans or maps of biophysical zoning, maps of the production systems and information economic partner, in order to ensure the following benefits are obtained:
a) Family income. The Family Productive Unit must supply the family with monthly income not less than the sum of two basic wages, and,
b) Surplus. Destined to the payment of land value and investments directed to the improvement of the agricultural production systems.
In the regulation to this Law the methodological criteria will be established to determine the extent of the Unit Productive Family and the mechanisms of evaluation, review and adjustment according to the variation of the agricultural production systems, in accordance with the technical annex number one that is part of this Law.
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CHAPTER V
RIGHTS TO COMMUNITY LAND AND PEOPLES ' TERRITORIES AND
NATIONALITIES
Article 77.-From the ancestral possession. The ancestral possession consists in the current and immemorial occupation of a territory, where the production of the identity, culture, forms of production and life of several generations of members of communes, communities, peoples or nationalities that underpin their historical continuity. It recognizes and guarantees the ancestral possession in the terms provided for in the Constitution and in the international conventions of collective rights in favor of communes, communities, peoples and nationalities.
The current and immemorial occupation implies, among other aspects, the permanence in a habitat and vital space where conservation, harvesting, hunting for subsistence, fishing, production and cultural and religious practices are carried out. a town or nationality and constitutes a given territory of property
State shall recognize the collective territories established on land of communal property or ancestral possession in accordance with the Constitution and the Law; and it shall provide the economic resources necessary for the full exercise of their rights.
Article 78.-Collective rights. The communes, communities, peoples and nationalities enjoy the following collective rights as regards the subject matter of this Law:
a) Keep the property imprinted, inalienable, inembargable and indivisible of its Community lands;
b) Waiver of payment of fees and taxes;
c) Maintain possession of ancestral lands and territories and obtain their free award;
d) Preserve habitat and participate in the use, usufruct, sustainable management and conservation of the renewable natural resources found in their lands;
e) Not to be displaced from their ancestral lands; and
f) To preserve and develop their own forms of coexistence and social organization and to generate and exercise authority, in their legally recognized territories and Community lands of ancestral possession.
Article 79.-Delimitation and Award. The State, through the National Agrarian Authority in coordination with the communes, communities, peoples and nationalities, will delimit their territories and in case of differences, will be
will respect the own forms of resolution of confl. If no agreement is reached, the differences will be resolved by alternative means of solution of confl ictos or by the judicial path in accordance with the Law.
The National Agrarian Authority will establish the procedures to ensure the right of the communes, communities, peoples and nationalities to maintain the possession of their territories; and, at their request, will proceed to their delimitation and free award in accordance with the Constitution and the Law.
Article 80.-Procedure. The National Agrarian Authority in knowledge of the request for the delimitation and award of territories in ancestral possession, will technically face the historical, anthropological, socioeconomic, normative and cultural foundations that the support.
In case of legalisation of communal lands or territories in ancestral possession in protected areas, forest heritage of the State or forests and public protective vegetation, the delimitation and award will be carried out by the Authority. National Environment, with the procedure to be established with the National Agrarian Authority.
If agricultural or forestry activities exist in such lands and territories, the competent authorities with the participation of the and the beneficiaries of the award will formulate the management plan that establish the environmental and technical conditions to be met by these activities.
Article 81.-General rules applicable to territories in ancestral possession. The ancestral lands and territories will be subject to the following rules:
a) The rights of use and usufruct shall be recognized by public instrument to members of communes, communities, peoples and nationalities, in accordance with the Constitution, the law and its customary rules;
b) The modalities of hereditary transmission of the rights of use and usufruct on communal lands or ancestral territories shall be recognized;
c) relating to land and territories property on land, social control of the territory, and the right to participate in the use, usufruct and administration of renewable natural resources, in collective benefit;
d) The practices of own or customary law of communes, communities, peoples and nationalities in relation to the access, use, use and distribution of land shall constitute rules of internal administration for the exercise of collective rights;
e) Where there is recognition of collective rights on Community land or ancestral territories, the National Agrarian Authority or the organisation representing the rights holders
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collectives will require the registration of the award in the Register of the Cantonese Property or the corresponding cantons; and,
f) For the construction of infrastructure provided for in public policies on rural housing, health and education services; and other infrastructure and public services projects, communes, communities, peoples and nationalities must yield to the State, the right of use and usufruct of certain land on which the infrastructure will be built corresponding. However, these lands will be held in community ownership. This cession will be sufficient for the State to make the necessary investments.
Article 82.-Strategy for the development of ancestral territory. The State will support the participatory formulation of strategies for productive development, diversification and productive integration of any territory in ancestral possession that has been awarded or is in the process of adjudication and will establish incentives for the sustainable and sustainable implementation of such a strategy.
Such incentives include technical assistance and innovation, community irrigation systems and irrigation in accordance with the National Riego Plan, agricultural, surplus marketing, among others.
community, communities, peoples and nationalities, by certifying the right of use and use on a part of the Community land, conferred by the General Assembly as the highest authority of the Community institution, may apply to the public banking to access productive or family housing credits. These credits will be guaranteed with the production, the goods and machinery to be acquired and in the systems of solidarity and social control of the communes and communities, in addition to the credit guarantee fund. The regulations of this Law will establish the procedures and requirements that will be required.
Article 83.-Resolution of the ictos. The confl ictos relating to the rights of possession, use, usufruct of territories and communitarian lands will be resolved according to their practices and customs respecting their own or customary law and with the application of norms and
The confl ictos among communes concerning the recognition and legalization of lands and territories, can be resolved through mediation and direct agreement between the parties. In the event of failure to do so, they will be settled by court in accordance with the Law.
Disagreements with respect to the boundaries between territories of peoples and nationalities can be resolved through mediation and direct agreement between the parties, with the support and facilitation of the National Agrarian Authority, required by them.
Article 84.-Environmental impact. Natural or legal persons who execute actions affecting fragile ecosystems declared by the National Environmental Authority in
community territories or on land of ancestral possession, shall be sanctioned and must be repaired and restore damages caused in accordance with the Constitution and the Law.
TITLE III
THE RURAL LAND PROPERTY ADMINISTRATIVE REGIME
CHAPTER I
OF THE AGRICULTURAL AND LAND OWNERSHIP RURAL LAND HERITAGE OF
STATUS AND YOUR CLASSIFICATION
Article 85.-Defi nition and forms of ownership. For the effects of this Law, rural property is the ownership of domain that gives the right to use, enjoy and dispose, in accordance with the Constitution and the Law, of the land that has agricultural, livestock, forestry, forestry or aquaculture, of co Service to graria, recreation and ecotourism.
They are forms of land ownership, for the purposes of this Law, the following:
a) State property. Constituted by land owned by public sector entities, including rural lands that are part of the national territory, they lack ownership;
b) Private property. The acquired by individuals, natural or legal persons from adjudications made by the State or acquired in the form provided for in the civil legislation;
c) associative property. The acquired for use and use by the various forms of social organization recognized legally under the principle of solidarity;
d) Cooperative property. The obtained by the organizations of the national cooperative system, contemplated in the regime of the popular and solidarity economy;
e) Mixed property. The one acquired in co-ownership by the State and a natural or legal person, national or foreign, in accordance with the Law; and,
f) Community property. The one that has been awarded and titled in favor of communes, communities, peoples and nationalities.
The public and state rural lands must comply exclusively with the destination established by the Law.
Article 86.-From the guarantee to the property. The State will guarantee the right to property on rural land in all its forms.
The guarantee to rural property will be effective through the following measures:
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a) Legal security of the property. All forms of legally recognized rural land ownership or possession shall be protected immediately by the State to ensure its integrity in cases of invasion, usurpation or other forms that disrupt or impede the full exercise of the the right of ownership or possession on the land, in accordance with the Law;
b) Simplification of administrative procedures. The necessary measures will be taken to simplify the requirements and rationalise the administrative procedures in the field of rural land, in order to ensure and make efficient the processes of awarding, legalisation and redistribution of rural land; as well as related to the processing of succession and transfer of possession rights, in accordance with the Law. These measures shall include: continuity of working time in agricultural matters, concentration of several measures in a single action, reduction of time limits to half of those laid down; and other measures to be determined in the regulation to this Law;
c) Special arrangements for productive development. Preferential mechanisms of financing will be established in favour of small and medium-sized producers of family farming and the popular and solidarity economy, which will facilitate the acquisition of land and other means of production; and access to non-reimbursable funds to enable them to strengthen their capacities for fair trade management and exchange;
d) Protection of rural land. In the framework of food sovereignty policies, initiatives will be generated to ensure the protection of rural land with agricultural aptitude that complies with the social function and the environmental function; and,
e) Integration of systems Family productive. Various forms of productive organization will be promoted on the basis of incentives in favor of family units, in order to avoid the fragmentation and subdivision of rural land.
Article 87.-The rural heritage of the State. They are state rural land the following:
a) Rural lands that are part of the national territory lack another owner;
b) Those that by resolution issued by the competent authority have caused state, under cover of The Laws of Agrarian and Land Reform and Colonization, Law of Agrarian Development and that in such virtue, entered the patrimony of the former Ecuadorian Institute of Agrarian Reform and Colonization, former IERAC or the former Institute of Agrarian Development, ex INDA, or the Subsecretariat of Land and Land Reform and have not yet been awarded;
c) Private lands that have been expropriated in accordance with the provisions of this Law and
declared to be of public utility or acquired by the State to any title, in accordance with the Constitution and the Law;
d) The lands (ii) rural development of the heritage of non-financial public institutions which have agricultural skills, are not intended for this purpose; with the exception of those for training, scientific and technological research, education, exploitation of non-renewable resources, facilities for defence and security, ports, airports, areas of security and other forms established by the Law;
e) Rural lands that pass to the domain of the State through executed judgment within the respective judicial processes, as well as those that have been legally seized and
rural lands received by the State for donations, legacies, and inheritances; as well as the rural lands of the internecked succession that, according to the provisions of the Law, must pass to the domain of the State. Status;
g) Those rural lands in which the award has been reversed, the lack of title of domain or the nullity of the titles of property granted by the State, in the cases referred to in the agricultural legislation; and,
h) The rural lands that have passed or pass, to any title, in the future to the domain of the State In application of the Law.
They are not part of the estate of state rural lands owned by the State that manages the National Environmental Authority and the lands and territories of the communes, communities, peoples and nationalities.
CHAPTER II
AGRARIAN CONTRACT
Article 88.-Scope. The system of the contract, which is established in the Community, is applicable to all types of contracts relating to rural land and the production of food or agricultural products, in which a natural or legal person is part of the economy. The agricultural contract regime fulfils the fi nality of ensuring social and natural rights, maintaining material equality, and maintaining the social and economic rights of the family.
economic equilibrium of the agreements and commitments to be established for agricultural production
Article 89.-Defi nition. For the purposes of this Law, is called an agrarian contract to any agreement of a civil nature that because of the economic condition of the parts of it or one of them, requires the amparo and administrative tutelage of the National Agrarian Authority for the regulation and control of its celebration, execution and termination.
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It may be done by private instrument, public deed or by verbal agreement. The latter must be formalised by a sworn statement of the part of the party which requires the administrative protection of the contract.
Any part of an agricultural contract concluded by private instrument, modified or modified Under this Law, it may transmit or report this contract to the National Agrarian Authority for registration, in the provincial deconcentrated units.
The notaries and registrars of the property shall send to the National Agrarian Authority semi-annually the information on this type of agricultural contracts which are granted by public instrument or incorporated in the Register of the Property in charge.
Article 90.-Sustainable Use Guarantee. All modalities of agricultural contract will ensure the sustainable use of rural land and water resources.
The effect will apply to technologies and appropriate production systems, so that when the contract is concluded, fertility is not affected residual, including costs indispensable to restore the initial levels of fertility and productivity.
The National Agrarian Authority will adopt measures to restore the balance of mutual benefits, the guarantee of rights violated for the termination of the contract for the lease of rural or agricultural land by contract that result in the degradation of soil fertility or the destruction of their biotic functions according to the technical report issue the same Authority.
Agriculture by contract, whatever your modality, whether to produce or to market, protect the owners or owners of the land from the risk of loss of production and soil fertility, excessive indebtedness, commercial practices of abuse of market power and the risk of loss of ownership or ownership of your land. It should be framed in respect of the fitness for food production of rural land and in the application of best practices for the protection of soil fertility.
No mode of procurement in the field can compel to the displacement or eviction of local inhabitants and producers.
Article 91.-General conditions. They are general conditions for this class of contracts:
a) You can perform by private instrument, public write, or by verbal agreement. The latter must be formalized by a sworn statement of the party's part requiring the administrative guardianship of the contract.
b) It shall also be governed by local uses and customs and by own or customary law;
(c) No agricultural contract shall lead the parties to non-compliance with the social function and the environmental function of land ownership, or the obligations provided for in this Law;
d) Cannot include stipulations in relation to with the rural land contrary to the Law; and,
e) The general rules foreseen in the this Law and its implementing regulation for the celebration, execution and termination of the same.
Article 92.-Of agricultural contracts. The agricultural contracts regulated in particular by this Law are the following: of productive administration; agricultural associative, of purchase and advance sale, of land sale, of agrarian leasing and of the permuse of the agrarian property.
In the scope of this Law, any of the acts and contracts that are not prohibited in the current legislation can be celebrated.
Article 93.- Production management contract. It is the agricultural contract for production of food for which a legally constituted natural or legal person, contracts the use of land under property or possession for the purpose of carrying out certain productive activities in the land or management of renewable resources; for a specified period, in exchange for the payment of a fair rent or exchange agreed, under the condition that the administrator complies with the social function and the environmental function of the property.
Article 94.- Agrarian Associative Contract. It is that contract in which a person of the Previous article, it is required to deliver to another a rural land with or without plantations, seeds or elements of For a minimum period of four years, work for agricultural use in any of its specializations, with the aim of sharing its fruits periodically and equitably.
Article 95.-Of the agricultural contract of sale. It is that contract of sale of prediums with agricultural or forestry fitness, which have been awarded by the National Agrarian Authority, may be completed after the deadline in which they were prohibited to dispose and have been carried out The payment of land value.
To transfer the land property, it is required that the land be singularized, in accordance with the technical regulations that the National Agrarian Authority will dictate.
Purchase of a property from a lower extension to the Family Productive Unit, in favour of
Article 96.-
Agricultural contract for the sale of production.means of the contract of sale of production or harvest the farmer producer, individually or in association, sells the harvest to an
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buyer, before, during and after seeding. This includes the volume, quality, time and place of delivery, conditions of payment, the same as it should be adequate and fair. It also includes as a condition of the contract the performance of the social function and the environmental function. The quantity of the harvested product may be uncertain as such that the act or contract will determine the rules or conditions that will determine it.
The contract of sale of production, cannot establish conditions that affect the use of the land rural, its social function and environmental function and the labor rights of the workers who fulfill the object of the contract.
In the regulation to this Law will establish the mechanisms that the competent authorities will have to apply for prevent erosion, pollution, over exploitation causing infertility of the earth; and affectation of labor rights.
Article 97.-Of the agricultural lease agreement. It is the contract by which the owner or legitimate holder of rural land gives to another person, natural or legal, a property for their agricultural use in exchange for a pension established by the parties, the law or the custom, with the obligation to return it to its owner at the expiration of the contractual term.
The tenant of rural land, cannot claim land possession of the property leased in its benefit or third party.
rural land depends on the fulfilment of the contractual object, and among other circumstances, of the
lease of rural land of one or more premises that does not comply with the conditions laid down in this Law, in particular the concentration of several rural areas, contiguous or not.
the owner and the lessee shall be jointly and severally liable to produce the land in accordance with their natural aptitude, ensuring that the property complies with its social function and environmental function. It must ensure with good soil management practices that enable the sustainability of the environmental function of the land on lease.
The tenant has the rights of use and enjoyment, access to irrigation water, legally acquired so as the transit and servitude that have been established in favor of the leased property. The tenant or lessee must respect existing predium easements in third-party benefi.
In case the leased property has been affected by natural disasters or severe and prolonged weather events, either party may require termination of the contract or modification of the terms of the contract, in particular to be communicated to the National Agrarian Authority.
Article 98.-Termination of the lease. The rural land lease agreement ends with the causes provided for in the Law and in advance by:
a) Inadequate use of property that leads to non-compliance with social function or environmental function;
b) Risk of its capitalization; and,
c) Incompliance with the contract.
Article 99.-Of the agricultural swap contract. Agricultural Permuta is a contract that is capable of guardianship and administrative protection in which the parties oblige each other to give one property of rural land to another. The superfi cie for giving or receiving will respect the conditions set forth in this Law.
The permuse between a rural and an urban land, is not susceptible of protection and administrative protection.
granting, renewing or terminating the contractual term, will be provided for in the Civil Code.
CHAPTER III
OF THE AFFECTATION AND RESTRICTIONS
Article 100.-Of The Affectation. The affectation consists in the exercise of the administrative faculty of the National Agrarian Authority, in order to limit, intervene, regulate or transfer the right of propriety on all or part of a rural land, in any of the The following cases:
a) Existence of one or more of the grounds for expropriation established in this Law;
b) Incurring non-compliance with the deadlines established by the National Agrarian Authority for the performance of the function social or environmental function; and,
c) Declaratory of public utility or social interest of a property non-productive rural, whether or not in litigation, to be allocated to a rural land redistribution program, in accordance with the procedure laid down in the regulation of this Law.
production of peasant family farming or the popular and solidarity economy, equal to or less than 25 hectares in the Sierra region, 75 hectares in the Costa region and foothills; and 100 hectares in the Amazon and Galapagos; the lands and ancestral territories of communes, communities, peoples and nationalities; and the rural lands that comply with the social function and the environmental function. The National Agrarian Authority will monitor the improper application of this provision.
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The declaration of public utility and social interest and, in the absence of an agreement, the price of the expropriated land, the National Agrarian Authority shall have a period of one year, counted from the date of entry, for the purpose of the redistribution programmes provided for in this Law. Failure to do so, the declaration of public utility and social interest will be without effect and the rule of the predium will be reversed by law ministry to its former state, without prejudice to the responsibilities of the authority and officials who did not give compliance with the same. The value entered, the court costs and other expenses which may be generated shall be returned to the Authority, who shall repeat with respect to the officials responsible for the omission.
Prediums whose superfi is less than or equal to The Family Productive Unit dedicated to peasant family farming as well as community lands and ancestral territories, must fulfill the social function and the environmental function, for which they will have the support of public policies and not be subject to agricultural affectation or expropriation.
They shall not be susceptible to affectation rural lands for leisure and recreation, as established by the competent authority.
Article 101.-Modes of affectation. They constitute modalities of affectation of the rural lands of private domain, the agrarian expropriation, the declaration of non-existence of the right of possession and the declaration of non-existence of the right of property. The latter, prior to the filing of securities, in the event that rights and actions of site, rights and actions of mountain or rural land belonging to the State have been acquired, is in possession or is intended to be appropriate in an irregular manner.
Article 102.-Of agrarian expropriation. Expropriation in the field of rural land consists of an administrative act of the National Agrarian Authority, through which the right to property of a property, suitable for agricultural production, is affected, in one or more causal expropriation, prior to the payment of the respective value, according to the municipal guarantee corresponding to the expropriation.
The change of land use of the expropriated land and its fractionation is prohibited. These prediums can only be destined for production within the land redistribution programs of the National Agrarian Authority.
The declaration of expropriation will take place of office. Public action is granted to inform the National Agrarian Authority about the location of rural land of possible affectation.
Article 103.-Causals of land expropriation. The rural lands belonging to the private domain will be expropriated from office in the following cases:
a) When they do not fulfil their social function, without being exploited or taken advantage of more than two consecutive years, despite
conditions for this; except fortuitous case or duly proven force majeure;
b) When they do not comply with the environmental function due to the non-compliance with environmental standards and parameters that generates serious environmental damage as a crime, without the integral repair of the damage;
c) When it defaults to its social function and have kept inefi ciently exploited without meeting the productivity averages of the area, despite having the appropriate skills and infrastructure for agricultural production, and the necessary corrective measures have not been carried out during the last eighteen months from the relevant notification, except fortuitous case or force majeure duly verified;
d) Where there is pressure for the provision of demograpi, technically qualified each and after report of the Authorities National Agrarian and Planifi cation;
e) Where there is latifundium or concentration of land in the terms and conditions provided for in the Law, or that the exercise of the right to the full development of the holders of collective rights is prevented, in accordance with the sentence that is dictated in constitutional matters of the proposed protection action;
f) When reoffending in the breach of the function in the terms specified in the literal c), after the notification of the recidivism, unless there is cause of force majeure duly justified each; and,
g) When maintaining precarious working relationships prohibited by law or unlawful practices to disturb the possession, prevent the use of roads or easements to the owners or possesionaries of the adjacent premises or execute monopolistic practices with the purpose of forcing them to dispose of their property or possession.
Non-exploited land shall not be considered as non-exploited land for the conservation, protection and generation of environmental goods and services, as declared or registered by the National Environmental Authority.
In the case of the previous (c) the owners of rural prediums with agricultural, livestock, forestry or If they do not comply with the average level of production of the zone in which they are located, established by the National Agrarian Authority, they will be notified so that within one year they will take the necessary measures to improve their productivity. If they do not do so, they shall have an additional period of six months subject to an annual reduction of 10% of the municipal guarantee, the same as shall be determined and liquidated at the time the expropriation is issued and shall be deducted from their value, in accordance with the Regulation of this Law. Once this deadline has passed, the predium will enter the land redistribution program.
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Article 104.-Declaratory of Land Expropriation. It is up to the National Agrarian Authority to declare by resolution the total or partial expropriation of lands that are incurred in the grounds of expropriation established in this Law:
The effect must comply with:
a) Monitoring and identification of the property that does not comply with the social function and environmental function of the property;
b) Notifi cation of the non-compliance and resolution of its challenge to be the case;
c) Declaratory of expropriation with financial production in accordance with the procedure laid down in this Law;
d) Notifi cation of the Immediate declaration and occupation;
e) Ban on enajenar and its registration in the registry of the property; and,
f) Prohibition of making investments.
For this, the following enabling documents will be counted:
1. Certificate of the updated property registrar with five-year domain history and title of ownership;
2. Report of the current municipal poultry, and in the absence thereof, the approval issued by the competent national authority of the avalanches and the catstars will be applied;
3. Budget item and certificate of availability of funds for the value of expropriation; and,
4. The other documents to be established in the regulation to this Law.
Article 105.-Of the agrarian procedure. The affectation for the expropriation of rural land will be carried out in accordance with the following provisions:
a) The National Agrarian Authority will dictate the administrative act or expropriation resolution, in which its registration of the respective property and notification to the owner or possessionary of the property. A direct agreement shall be sought between the parties, for the period of up to 90 days;
b) For this agreement, the price shall be paid on the basis of the guarantee made by the competent administrative unit of the municipality where the (a) the matter of the expropriation, which must necessarily be prior to the date of the issue of the expropriation resolution; in the absence thereof, that established by the competent national authority of the avalums and the catstars. The value shall be deemed to be up to date by the area;
(c) The value that is appropriate shall not exceed 10% of that value;
d) If there is agreement, this and the corresponding transfer of domain, they shall be formalized in the
e) If there is no agreement in the case of a declaration of public utility or social interest, the owner of the property will be able to challenge on the road administrative litigation the price plus not the administrative act;
f) In the event that it is not a direct agreement, the value of the expropriation will be entered in accordance with the procedure and procedure provided for in the Law; and,
g) For the transfer of properties acquired by agreement with the owner of the expropriated property, the owners must have the taxes corresponding to that property cancelled, except the payment of the surplus value and those corresponding to the transfer of domain, which will not be generated in this type of acquisitions. If the taxes are maintained, they will be deducted from the value of the payment.
Article 106.-Avaluo and form of payment. The value of the expropriation established in accordance with the provisions of the previous article shall be cancelled from the spot to its owner or legal representative, either directly or by means of consignment in accordance with the Law.
They shall not be taken into account the additional values resulting from improvements to the predium resulting from the direct consequence of projects and investments made by the State.
They will not be considered for the purposes of the guarantee, the improvements made or introduced in the case of the owner, possessionary or by third persons other than the taxable person of the expropriation, after the notification of the expropriation resolution.
The value paid for the expropriated property must be recovered by the State, through the award of redistribution programs in accordance with the provisions of this Law.
Article 107.-Rules applicable to land expropriation. In the expropriation processes, the following rules will be observed:
a) The National Agrarian Authority will have to plan the provision of the resources and budget item for the payment of the expropriation in accordance with the Law;
b) For the commencement of the expropriation procedure, it must be mandatory to count on the enabling documents provided for in this Law; and,
c) They are excluded from the expropriation or affectation by the National Agrarian Authority. Following goods:
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1. National goods for use and public domain;
2. Land destined for scientific research and technology transfer, related to the development of agriculture;
3. The lands that constitute State Forestry Heritage, National System of Protected Areas and Forest and Vegetation Protectors, Cultural and Archaeological Heritage, whose domain corresponds to the State;
4. The lands of communes, communities, peoples and nationalities and ancestral territories, subject to the Community regime of the land referred to in the Constitution;
5. The pregod of peasant family farming whose superfi cie is equal to or less than 25 hectares in the Sierra; 75 hectares in the Costa region; and 100 hectares in the Amazon and Galapagos;
6. The lands that are part of the reserved areas of security under military control and those for defense and security; and,
7. The prediums in which by force majeure or fortuitous case, duly justified to the National Agrarian Authority, make their use impossible.
Article 108.-Special regime. For the purposes provided for in this Law, the National Agrarian Authority in coordination with the National Environmental Authority and the Government Council of the province of Galapagos, will establish the specific considerations for the application of the technical standards.
Article 109.-Fractionation Regulation. It is in the public interest to integrate the production of the existing mini-fundiums through systems of associativity of the peasant family agriculture and the popular and solidarity economy.
The State will create credit mechanisms preferential, marketing facilities, technical assistance, training and others, for the productive integration of rural land.
The notaries and registrars of the property will grant and enroll, respectively, the State rural land awards issued by the National Agrarian Authority regardless of the extent of the predium. The transfer or partition of the land may be registered and registered, provided that its superfi is not less than the minimum lot of the municipal or metropolitan decentralised autonomous government of the Autonomous Government of the Autonomous Community, on the basis of the extension of the superfi cie of the small properties existing in its jurisdiction, according to the reality and particularities of each agroecological zone and the technical parameters established by the National Agrarian Authority.
the Community land and those awarded by the State are exempt from this provision.
Article 110.-Latifundio. It is considered latifundium to the rural property of large inefi extent, which is used, owned by a natural or legal person exceeding the maximum superfi cie defi nids by the Authority National agrarian, according to the country's productive zoning, to the available infrastructure, to the type of farming or agricultural activity.
The productive science of rural property is measured according to the average productivity criteria of the area, in accordance with the variables set out in Annex 2 to this Law.
Article 111.-Rural land concentration. For the purposes of this Law, concentration is understood to be the domain or legal possession of rural land suitable for agricultural production, in one or more premises, by one or more natural or legal persons or national economic operators or foreign, directly or indirectly or through the collection of shares, shares, rights or any other title which grants rights; provided that the National Agrarian Authority, in coordination with the competent regulatory authority and control of the market power or, where appropriate, with the national planning authority, check and establish, in accordance with the Law, the existence of the following acts:
a) The concentration or hoarding of rural land which has as its fi n to constitute or develop schemes of domain or abuse of market power, by means of (b) the concentration which is to be carried out by the Member States in the field of agricultural production and which affects or distorts fair prices and markets, in the interests of social welfare and of producers and
; has as its purpose speculation with the price of productive rural lands;
c) concentration of rural land located in areas subject to pressure from other areas requiring the implementation of redistribution programmes for the democratization of productive factors and resources;
d) The concentration affecting or may affect, limit, restrict or impede by any means the participation of competitors, in particular, of the medium and small producers of family farming or of the popular and solidarity economy, in the field of production, prices and marketing of food;
e) The concentration of land (f) the concentration at the level of the objectives of the programme is to be set up or to consolidate or consolidate private monopolies or oligopolies in the field of agricultural production and marketing or food and distort or distort
food sovereignty; impedes the implementation of redistribution programmes and equitable access to rural land.
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Article 112.-Land concentration ban. The concentration of rural land, in property, leasing or otherwise under any other contractual form, is prohibited in favour of one or more natural or legal persons or economic operators.
concentration of productive rural land awarded, transferred or redistributed to natural or legal persons by the State.
The concentration of rural land under the terms of the preceding paragraph shall be declared by the Authority National Agrarian and will be subject to the affectation procedure.
Article 113.- Control of urban sprawl in rural areas. The municipal or metropolitan decentralized autonomous governments, in accordance with the plans of territorial planning, urban expansion, cannot approve projects of urbanizations or citadels, in rural lands in the peri-urban area with agricultural fitness or which have traditionally been engaged in agricultural activities, without the authorization of the National Agrarian Authority.
The approvals granted with non-compliance with this provision are not valid and have no effect Without prejudice to the responsibilities of the authorities and officials they issued such approvals.
Article 114.-Awardee's capacity. Where the possession of the agricultural holding has been legitimately exercised for more than five years, the individual successful tenderer may transfer the ownership of the rural land awarded by the State, on the basis of the surrender of the title and without the need for authorization or requirement.
In the case of lands awarded in redistribution programs the property may be transferred after fifteen years, for which the entire value of the property must have been paid and the mortgage cancelled constituted in favour of the National Agrarian Authority or the financial institution nanciera accreora.
CHAPTER IV
OF SANITATION
Article 115.-Defi nition. Consolidation is the set of acts and administrative actions aimed at addressing petitions and complaints regarding the possession and adjudication of state rural lands, through the application of the procedures provided for in admini headquarters. Article 116.
From the administrative path. The National Agrarian Authority has jurisdiction and jurisdiction to know and resolve on the administrative basis, requests, requests and claims on rural land provided for in this Law.
Article 117.-Applications. They can ask for action from the National Agrarian Authority in the following cases:
a) Invasion;
b) Overtime of adjudications;
c) Delimitation and amojonation;
d) Jarring and discordant data;
e) Presentation of titles;
f) Receiving and processing requests from adjudication; and,
g) Others to determine the law.
Article 118.-From invasions. For the purposes of this Law, the invasion constitutes the arbitrary act of seizing or taking of land with or without force, violence or underground or by way of fact, of a rural property against the will of its owner, possessor or
The administrative action to make the defense of the agrarian property effective does not distinguish the form of property, the way in which it was acquired or the destination of the property.
Article 119.-Deadline for reporting the invasion. The invasion must be informed in writing to the National Agrarian Authority within the maximum period of ninety days, since the event occurred. After this period, the National Agrarian Authority shall refrain from knowing and dealing with any request in this respect; without prejudice to the fact that the affected person has recourse to the respective judicial path.
Any person who has knowledge of the execution of acts conducive to the improvement of an invasion, can denounce them to the National Agrarian Authority, so that it takes the appropriate precautionary measures.
The invasion of state rural lands can be denounced in any time.
The procedure with respect to the invasion procedure or the acts that are conducive to is, will be regulated in the regulation of this Law.
Article 120.-Effects of the declaration of invasion. If the National Agrarian Authority is checked and declared the invasion, within ten days it will issue the corresponding eviction resolution to be taken for the purpose of the invasion or arbitrary taking of rural lands, making sure the process of eviction guarantees the human rights and guarantees provided for in the Constitution.
The invaders and promoters of the same, declared in the administrative resolution to me, will in no case be beneficial Ciaries or adjudicators of land of the State.
Article 121.-Legal obligation. If, as a result of the invasion, it is found that these are acts that are presumed to be related to occupation, illegal use of land or land, the National Agrarian Authority of the Office of the Public Prosecutor will transmit the information to the Prosecutor General of the Status.
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Article 122.-Delimitation and Amojoning. It is appropriate to delimit and protect against land awarded by the State within five years of the award at the request of the successful tenderer in accordance with the civil procedure.
Article 123 the transfer of domain. Any transaction between private individuals or between a private individual and an entity governed by public law, which is carried out in violation of the provisions of the decision to award the property, shall be presumed null and void.
The notaries and registrars of the property of the jurisdiction in which the default, they will refrain from processing and registering acts and contracts that do not incorporate the award resolution.
Article 124.-Title Presentation. In the case of confuses on the property or agricultural possession of rural or state land, the Provincial Agricultural Authority shall, at the request of a party, provide that within a period of 60 days from the date on which it was notified. that the admission to processing, the parties involved, present the titles of property in which their respective rights are sustained and the certificate of the Land Registry with a history of property of five years, with the fi n of recognizing their validity and thus arbitrate the measures for its resolution.
Without prejudice to the foregoing, the Agrarian Authority Provincial shall require the competent authority to verify and certify the information and instruments presented.
Decisions concerning the validity of the securities to be filed shall be made by administrative act.
It shall be presumed that persons who do not comply with the provision of securities within the prescribed period are without the same.
Article 125.-From the administrative jurisdiction. The National Agrarian Authority is the national land agency and will have jurisdiction and administrative jurisdiction throughout the national territory, in the field of rural lands that come from the award, reversal of the award, resources in administrative headquarters, legalization of lands of the State and the others provided for in this Law.
In addition, it will have the competence to know and to resolve, in administrative headquarters, all those requests, requests and claims that originate from an act (a) administrative and other related acts related to the transfer of domain
In any petition or claim submitted to its knowledge, the National Agrarian Authority will encourage mediation as an alternative dispute resolution mechanism. For the purpose, the National Agrarian Authority will implement a mediation system, as an alternative form of solution of confl.
The agreements reached on the basis of mediation and duly incorporated in the resolution of the Authority National Agrarian, they will cause state.
Article 126.-Instances in administrative headquarters. For the purposes of the interposition of resources, challenges and administrative actions of any kind linked to rural lands regularized by the State, the first instance to know and resolve requests and requests determined in Articles 117 and 128 of this Law, it will be the responsibility of the Provincial Agrarian Authority to be deconcentrated and in second and defend the Agrarian Authority Zonal or its delegate.
Similarly, for the knowledge and resolution of the claims provided for in Article 130 of this Law, the first instance corresponds to the Authority Agrarian Zonal deconcentrated; and, the second and defi nitiva instance to the National Agrarian Authority or its delegate.
CHAPTER V
OF THE INTEREST RATE
Article 127.-Of the petitions, claims and resources. The petitions, claims and remedies that the administered interpose to the administrative authority provided for in Articles 125 and 126 of this Law, in respect of the facts and administrative acts dictated by the National Agrarian Authority, Zonal or Provincial, in the field of rural lands, shall be known and resolved, following the common administrative procedure provided for in the Statute of the Administrative Legal Regime of the Executive Function or the legal instrument to replace it.
The procedure will be applied in urgent procedure and with a view to speed. Therefore, the time limits laid down in the ordinary administrative procedure, except for the submission of applications or resources, are reduced by half, without prejudice to the extension of the period requested by the person concerned who may not exceed the
In the case of rural land, the appearance of any person who is required or who must be required to do so by the authority, whether for the presentation of titles, public documents, presentation of tests or concurrency to the actions ordered by the authority.
The interposition of a administrative appeal, in the same way or in court, will not suspend the execution of the contested act in the field of rural lands.
Article 128.-Of the petitions. The requests of the administered rural land may refer to:
a) Cancellation of the mortgage constituted in favor of the National Agrarian Authority or of whoever does or made its times, when the guaranteed obligations;
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b) Cancellation of a ban on enajenar, when the guaranteed obligations have been met;
c) Cancellation of the family estate
d) Rectifi cation of cabidas and discordant data in administrative acts; and,
e) Certifi cation of acts entered in the National Register of State Lands.
Article 129.-Of the claims. The claims of those administered in the field of rural land may refer to:
a) Opposition to the award or other prior administrative acts;
b) Reversion of the award within one hundred and eighty days thereafter to the resolution of the award;
c) Reform of the administrative act;
d) Impeachment of the notification of non-compliance with the social function or environmental function;
e) Impeachment of the declaration of expropriation given in the virtue of one or more causals provided for in this Law;
f) Declaration of non-existence award;
g) Statement on the quality of state land to those in which there is no title of ownership or act of adjudication; and,
h) Others establishing the Act.
The same person may not present two or more claims simultaneously in administrative headquarters for the same acts and with the same claim.
Initiated the administrative procedure, the authority shall ensure and ensure that the affected land is free of invaders for the purpose of to guarantee the right to property or the protection of the possession of rural state land.
Article 130.-Of the resources. In the field of rural land in the administrative path resources are:
a) Appeal to the superior; and,
b) Extraordinary review, to the highest authority of the entity.
These may be interposed only with In the case of decisions to be taken in respect of claims.
The action of the appeal must be accompanied by the certificate stating that the contested administrative act has not been challenged, in the course of proceedings.
Article 131.-From extinction. For the application of this Law, administrative acts in the field of rural land shall not be susceptible to extinction for reasons of opportunity or legitimacy. They can only be extinguished for reasons of legality in the contentious-administrative way.
Article 132.-Of the controversies. Controversies in agrarian matters that do not have the object of the impeachment of an administrative act dictated by the National Agrarian Authority through the corresponding administrative unit, on premises currently located in the area Rural, can be substantial before the competent judges.
GENERAL PROVISIONS
FIRST.- Declare the expiration by the Ministry of the Law of the processes to the ministries that in the field of land remained in abandonment for eighteen months, counted from the date of last due diligence Each year, each year, according to the case. For this purpose the National Agrarian Authority will dictate the corresponding administrative resolution.
The National Agrarian Authority, of the Office or at the request of a party, will order the file of the processes that are in a state of abandonment, agreement with this Law, without there being any claim. However, the file will take place, subject to cancellation of the precautionary measures that have been issued.
The rights of the interested parties to the administrative litigation jurisdiction remain safe.
SECOND.- No Case the National Agrarian Authority will admit or continue with the processing of administrative processes in the field of rural lands, when there is an identity in the persons, things and actions, subject matter of the petition or appeal, in disputes that are being treated in the field of ordinary jurisdiction or administrative disputes or have been
THIRD.-
an appeal has been filed and chalked up before the administrative litigation jurisdiction, there is no filing of a petition, claim or appeal on the same " case, before the National Agrarian Authority.FOURTH.- The allotments of rural land of the State or the so-called baldias, rustic or agricultural land, granted by the competent authority before the twenty-eighth day of May of two thousand ten, the date on which the extinction of the National Institute of Agrarian Development, they are not susceptible to reversion in administrative headquarters.
QUINTA.-For the purposes of this Law it is confi ere the faculty -active to the National Agrarian Authority, the same one that can be delegated to the administrative organ corresponding.
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SIXTH.- Las and owners, holders or users of rural land with agricultural fitness, have an obligation to provide the Agrarian Authority National the information that is requested for the assessment and control of the compliance of the social function and the environmental function. In the event of failure to attend to such an application, this Authority, after notification to the owner, possessionary, user or administrator of a rural property may, under legal provisions, require the information of the rural property and of the activities that are developed in it and enter and inspect the private rural predere for verifi car and obtain the information regarding the performance of the social function and the environmental function. To this effect, it can count on the support of the National Police.
SEVENTH.- Information regarding the initiation and resolution of the procedures established in this Law will be disseminated and published in the official languages of intercultural relationship.
EIGHTH.- The authority that exercises the rectory in the area of urban planning and housing, in coordination with the municipal, metropolitan and provincial decentralized autonomous governments, will adjudicate rural land for rural housing of social interest in favour of post-essionary farmers, in accordance with the
this award may be preceded by the dismemberment of a lot with rural housing, from a further extension dedicated to the work of the State.
The lot of land awarded with rural housing of social interest must consider the extension of the minimum rural land determined by ordinance by the Municipal Decentralized Autonomous Government or metropolitan, in accordance with the criteria and parameters established by the Agrarian Authority National.
NOVENA.-When there are confl ictos of land between owners who have title and the possessionals of the same as to the date of promulgation of this Law have more than fifteen years of possession, the Agrarian Authority National, of the office of office shall declare of public interest or of social interest such lands, for once expropriated and after califi cation of the possesionaries, to adjudicate them.
DECIMAL.-In case of confl ictos on the property of lands rural community property, communes, communities, towns or nationalities with third parties, the National Agricultural Authority at the request of the Community's highest governing body, shall have the right to display certificates to individuals intending to be entitled to a portion of the land, to validate the administrative and if the case, to refer the case, to the file on the exhibition of titles, to the corresponding judicial organ.
TENTH FIRST.-The regulation of the right of domain or possession of rural lands, pre-existing to the declaratory of protected area, limit the use and enjoyment of
such lands, but will not prevent the right to to divide, dispose or transmit them in inheritance, except for constitutional restrictions on Community land, without prejudice to the obligation of the owner or possesionary to comply with the management plan and other guidelines of
territory of the Amazon provinces in the field of rural lands and ancestral territories will be subject to the provisions of this Law, without prejudice to the regulations establishing the respective Law, as provided for in Article 250 of the Constitution of The Republic.
REFORMAT PROVISIONS
FIRST.- The first paragraph of Article 424 of the Organic Code of Territorial Organization, Autonomy, and Decentralization reforms in the following sense:
" Article 424.-Percentage of green area, communal and roads.-In the division of the soil for fractionation and urban restructuring, at the technical criterion of the municipality will be delivered for only at least fifteen percent and maximum twenty five percent percent of the useful area of the land as green and communal areas, according to the Territorial Ordinance Plan, intended exclusively for green areas at least fifty percent of the superfi cie delivered.
Except for this delivery, the rural lands that are divided with partition fi hereditary, donation or sale; provided they are not intended for urbanization or lotting. "
SECOND.-In Article 481.1 of the Organic Code of Territorial Organization, Autonomy, and Decentralization, replace the second paragraph with the following:
" If the surplus exceeds the technical error of measurement expected in the According to the law of the Autonomous Government of the Municipal or Metropolitan Government, the measure and the corresponding provision are rectifi face. Situation to be regularised by resolution of the maximum executive authority of the Municipal Decentralized Autonomous Government, the same one that will be protocolized and will register in the respective registry of the property. "
THIRD.-In Article 471, first indent of the Organic Code of Territorial Organization, Autonomy and Decentralization, delete the last sentence that says "or that they have a clear agricultural vocation" and include a point after the Word "Law".
FOURTH.-In Article 19 of the Notary Law that regulates the privileges of the notaries, incorporate a new literal that says:
" l) Rissue to the National Agrarian Authority within the first thirty days of each year, the protocol index
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formed the year before, on agricultural contracts awarded by public deed. "
QUINTA.- In Article 557 of the Penal Integral Organic Code, incorporate after the numeral sixth one that says:
" 7. Once a sentence is handed down, all rural property with agricultural aptitude that has been seized, will be transferred directly to the National Agrarian Authority to be redistributed in accordance with the Law. "
TRANSIENT provisions
FIRST.- Within a period not greater than three hundred and sixty-five days counted from the enactment of this Act, the adjudication, adjudication, and adjudication procedures Presentation of titles, initiated before the issuance of the presen te Ley, will continue to be substantiated under the provisions contained in the Law of Baldays and Colonization and, Law of Agrarian Development as soon as it comes, until the completion of these formalities
SECOND.- Within a period not greater than three hundred and sixty Five days from the enactment of this Law, the resolutions of the former National Institute of Agrarian Development (INDA), which have caused state and are pending execution, must be implemented by the National Agrarian Authority. In expropriations of land declared by competent authority, the value of which has not been cancelled until the date of validity of this Law, its value shall be paid as provided, provided that they are legally enforceable and have not operated the prescription. The actuarial liquidation of the avaluo to the date of the expropriation will be available.
The resolutions that have caused state and have not been fulfilled will be executed by the National Agrarian Authority.
THIRD.- The Authority National agrarian within one hundred and eighty days from the date of validity of this Law, will establish the extension of the Family Productive Unit for each productive activity and agro-ecological zone, according to the variables and methodology provided for in this Act, the Technical Annex one and the Regulation.
FOURTH.- One hundred and eighty days after the enactment of this Law, the National Agrarian Authority and the public banks will establish the mechanisms of technical and financial assistance, in order to achieve the proper exploitation of the rural land transferred by land redistribution programs that require the restructuring of their obligations; and of communal lands and ancestral territories.
QUINTA.- Within one year from the date of this Law, any of the the parties shall inform the National Agrarian Authority, on the agricultural contracts of Rural land lease.
SIXTH.- The National Agrarian Authority within ninety days from the enactment of this Law will open the register of private rural properties greater than two hundred hectares in the Sierra and foothills, five hundred hectares in moorland, one thousand hectares on the coast and one thousand five hundred hectares in the Amazon and the Galapagos, so that in accordance with the provisions of this Law, the owners of rural land whose premises exceed this extension, within one hundred and eighty days following the opening of the same. After this deadline, within one hundred of the following twenty days, the National Agrarian Authority will dictate the authorization corresponding to each advance in accordance with this Law.
SEVENTH.- The National Agrarian Authority within two years years from the validity of this Law, through the conclusion of agreements with the Municipal Autonomous Municipal, metropolitan and provincial governments, will coordinate actions for the concurrent fulfillment of the process of State rural lands in favor of their possessionals, which are within their own territorial division, in accordance with this Law.
This period shall be concluded by the National Agrarian Authority shall adopt the measures for the termination of the certification process, without prejudice to the administrative, civil or criminal actions there is a place against the officials responsible for the failure to comply with this provision.
EIGHTH.- Within one year from the date of validity of this Law, the lands of the Rural Land Heritage of the State that find in urban areas, they will be transferred to the Urban Development and Housing Authority, for their degree in favor of the possesionaries in accordance with the Law and the regulations that dictate for the effect.
NINTH.- The National Agrarian Authority within the period of one year counted from the validity of this Law will implement and administer the Agricultural Public Information System; for this purpose it will progressively raise and incorporate cadastral information, in coordination with municipal or metropolitan decentralized autonomous governments.
DECIMAL.- Within one hundred and eighty days of the enactment of this Law, the Authority Agrarian Nacional will address and resolve the requests for delimitation and integration of rural community lands that have been presented and are being processed.
TENTH.- The rural lands that have remained For more than two consecutive years, in spite of the provisions of the Law of Agrarian Development, they will be affected by public utility or social interest and will be allocated to programs of land redistribution.
TENTH SECOND.- State rural lands that apply to the present Law is in judgment or is the subject of an administrative claim for more than five
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years, within one year of the enactment of this Law, shall be declared of public utility or social interest and intended for redistribution programs
TENTH THIRD.-The National Agrarian Authority within one hundred and eighty days of the validity of this Law will establish a plan for the verification of compliance with the social function and the environmental function.
TENTH FOURTH.- The National Agrarian Authority within the maximum period of two years counted from the promulgation of this Law, the National Land Registry will conclude. Within one hundred and eighty days following the conclusion of this Register, it will establish the land superfi of rural land that constitutes latifundium in the terms of this Law.
TENTH FIFTH.-Within two years from the date of the first the promulgation of this Law, the Municipal Autonomous Decentralized Municipal, metropolitan or provincial governments, in coordination with the National Agrarian Authority, by deconcentration, can adjudicate state rural lands in favor of have agricultural possession in the terms provided for in this Law.
TENTH SIXTH.- the three hundred and sixty-five-day period counted from the enactment of this Law, the Provincial Autonomous Provincial and rural parochial governments, within their jurisdiction will conduct the registration of all roads or trails in private rural lands, used in fact as transit easements and that by custom its use is more than fifteen years as well as those that unite populations with roads, roads or routes and promote local economic development.
The planimetric survey and the geo-referencing of paths and paths, will be transmitted to the Ministry responsible for transport and public works, in order to be declared for public use by ministerial agreement, to the fact that the Autonomous Government of the Provincial Decentralized Government to declare them of public utility
TENTH SEVENTH.
TENTH SEVENTH.-The ownership of rural land with agricultural aptitude of non-financial public sector entities must be transferred to the National Agrarian Authority within one hundred and eighty days of the enactment of this Law.
TENTH EIGHTH.- The Environmental Authority National, within two years from the promulgation of this Law, will review the plans, programs and licenses for forest use that have been granted to justify the tenure or possession of the land, through declarations Oaths. This information will be forwarded to the National Agrarian Authority, which will provide that the beneficiaries of these plans, programs and licenses, which have not been regularized with
the law in force to date, will regulate their situation to through the possession of land and complies with the provisions of this law. The acts identified and that are contrary to the Law will be brought to the attention of the competent judicial authority.
As of the enactment of this Law the granting of plans, programs and licenses of forest exploitation grant those who justify their quality of successful state rural land with forest fitness.
TENTH NINTH.-Within one hundred and eighty days of the enactment of this Law, the Board of Regulations and Control In coordination with the National Agrarian Authority, it will dictate the regulation for the implementation of the provisions of this Law on the concentration of rural land. It will also regulate the ability of citizens to bring to the attention of the competent authority the existence of alleged processes of concentration of rural lands. This regulation will include provisions for the application of the provisions of this Law on the concentration of rural land.
20TH.-Within one hundred and eighty days from the enactment of this Law, the National Agrarian Authority in coordination with the competent authority, shall conform and convene the Advisory Council of the public policies of rural lands and ancestral territories.
TWENTIETH FIRST.- Within one hundred Eighty days from the promulgation of this Law, the National Agrarian Authority adopt the measures to ensure that the administrative procedures for rural land which are subject to their knowledge and which are brought to a standstill for lack of attention without legal justification, will be addressed and resolved, under the responsibility of the officials responsible.
TWENTIETH SECOND.- Within two years of the enactment of this Law, the National Environmental Authority shall regularise the right of ownership or of pre-existing agrarian possession to the respective declaratory of protected area, in favor of the current owners or possesionaries
TWENTIETH THIRD.-Within 90 days of the enactment of this Law, the National Agrarian Authority together with the public financial institution responsible, will identify the problems related to the payment of the pregod of the closed banking and will promote the resolution of the same, including its restructuring according to the Law.
TWENTIETH FOURTH.- The regulation to this Law will be dictated within one hundred and twenty days, counted to from the date of its enactment in the Ofi cial Register.
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REPEAL provisions
FIRST.- Repeal the Agrarian Development Act, Act 54, published in the Register Ofi cial Supplement, No. 461 of 14 June 1994, its reforms and codification published in the Official Register No. 315 of 16 April 2004.
SECOND.- Repeal the Law of Baldays and Colonization, issued with Supreme Decree 3051, published in the Register of the Office of the State of the European Union of 342 of 28 September 1964, its reforms and its code promulgated in the Ofi cial Register Supplement No. 315 of 16 April 2004.
THIRD.- Deroganse Articles 29, 30, 31, and Chapter X of Title IV of the integrity of the Rustic Prediums of the Law of Promotion and Agricultural Development dictated by Supreme Decree 3289, promulgated in the Ofi cial Register No. 792 of March 15, 1979 and its reforms.
FOURTH.- Defeat the Law on the Adjudication of Land of Community to Indigenous People, dictated by Legislative Decree No. 1, promulgated in the Register Ofi cial No. 142 of 7 April 1932.
QUINTA.- Defeat the Special Law for the Award of Baldays in the Amazon dictated by Supreme Decree 196, promulgated in the Ofi cial Register No. 2 of 17 February 1972.
Deroganse the other rules that oppose the provisions laid down in this Law.
Given and subscribed to the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha Province, three days a month ago. March of two thousand sixteen.
f.) GABRIELA RIVADENEIRA BURBANO President
f.) DRA. LIBYA RIVAS ORDONEZ General Secretariat
Annex One Criteria for determining the size of the Unit
Family Producer (U.P. F)
These are reference criteria for determining the size of the Productive Unit Family (U.P. F) on land owned by the State for redistribution programs. The socioeconomic and environmental conditions of the agro-ecological zone where the property is affected should be considered. The reference methodological steps will be:
a) Determination of the UPF's benchmark superfi cise in each agroecological zone in Ecuador.
b) Determination of the agro-ecological zone in which the property is located.
c) Biophysical characteristics of the predium.
d) Defi nition of the size of UPF of the agro ecosystem.
e) Calculation of the efficiency of science and efficiency.
The development of the methodological steps to determine the Family Productive Unit (UPF) will be established in the regulation of this Law.
Annex Two Process for the evaluation of the Social function and
Environmental
These are reference criteria for the assessment of social function compliance and environmental function in agricultural productive activities of a predium:
A. Location: Local cadastre, maps of current and potential use of the area, land use and coverage of the land, agricultural skills of the land, map of confl ictos of land use, among others.
B. Social function: Family composition, family and contracted employment, land inventory, productive infrastructure, machinery, equipment, semovents, annual and perennial crops, water use in the land and others, assets and liabilities, compliance of social and labor obligations, calculation of the efficiency of agricultural production of the land.
C. Environmental Function: These are reference criteria for performing environmental function analysis:
1. Inventory of the natural resources of the agricultural production system that the predium has;
2. Identification of agricultural practices;
3. Environmental Assessment of the Agricultural Production Unit: Environmental assessment will take into account the main impacts affecting the natural resources of the productive unit considering the following variables:
a) Component environmental;
b) Potential positive and negative impacts;
c) Mitigation measures;
d) Monitoring indicator.
