The expedition of Decree 0108 of 2025 He has awakened the fears around the return of the best known as ‘expropriation express’. A figure that has been the focus of debate on different opportunities throughout the management of the Petro administration and that reopens the discussion about the protection of the land.
(Read more: Interior shock: They denounce that Decree would bring the expropriation express back)
Promptly, Article 4 of said regulations refers to the administrative expropriation instrument and is part of the measures adopted by the National Government to address the critical public order situation presented in the Catatumbo Region (North of Santander).
To be more clear about what is intended with the incorporation of this figure, in conversation with ‘Caracol Radio’, the Minister of Agriculture, Martha Carvajalino, explained How the process will be carried out.
According to the head of this portfolio, the expropriation to which it is being attended is the one provided for in Law 1523 of 2012. “Expropriation is not a confiscation, it is a forced alienation, the land is paid at commercial value, the owner is compensated and made available to the objectives of public utility and social interest, in this case of the emergency, the goods that the goods that the goods that the goods that the goods that the goods that the goods that the goods that the goods that the assets that the assets that the assets that the assets that the assets that the assets that the assets that the assets that the assets that the assets that are in process “, pointed out.
The Carvajalino Minister also stressed that in this type of processes there is a judicial review with which it is sought to verify that the appraisal of the property has been done properly.
“We are doing here to go to that emergency measure that is provided for in the Emergency Risk Law like this, with 52,000 displaced, so that the processes that are ongoing and that we have not been able to carry out can be completed and that, in this way, the return of the communities is safe “, Indian.
Along the same line, minegriciculture emphasized that there is no violation of due process and that No one will be prevented from exercising their rights to go to a judicial route In case you do not agree with the valuation that has been made of the property.
(See: These are the decrees that regulate the state of internal shock in the catatumbo)
Land
Why accelerate the process?
Carvajalino pointed to the environment that there are two key elements to take into account. The first, which This emergency involves about 52,000 displacedand the second, that the Executive has 90 days to recover and stabilize the territory after declaring the state of internal shock.
The above implies, according to the minister, the rapid return of the families and the reinstatements that were taken from the place.
“We need that the processes that have not been able to be exitted will be agiliciated, to make the land available to victims of displacement and the reinstated quickly. If the return is not safe, if it does not generate stabilization, we will not be able to recover control of the territory ”, highlighted.
The Minister of Agriculture, Martha Caravajalino
(More news: decree protection of agricultural and food activities in Catatumbo)
Why administrative?
According to the official, in Colombia, expropriation is an ordering instrument that is provided for in the agricultural regime since 1926. Its implementation has different objectives in view.
In that sense, he stressed that “When it is determined that there is a necessary property for public utility or social interest, the administrative authority makes the decision and advances in the process. In the case of agricultural expropriation, that decision then goes to the judge, who can make an early provision of the good”.
In other expropriations, such as road or urban development, expropriation is administrative and it is not required to go to an emergency to apply it. “What is done is that you declare public utility, make the process of forced alienation, pay the property to its owner and make disposition of it and then go to the judge to do the control of legality,” He added.
Along the same line, he made clarity that in these cases, and as part of the legality control, it is a judge who Evaluate whether the administrative action was overwhelmed. “If you did not meet the legal order requirements, it will then order in that situation or the return of the property or the higher compensation if it is the case,” added.
(More news: Government issues decree with relief measures for agriculture in the catatumbo)
Purchase of land
What land will be expropriated?
The first thing that clarified the minegriciculture is that the Land Acquisition Program has several beneficiaries. In the case of the central agrarian reform initiatives, these are aimed at buying large harmless or unexploited properties.
However, there are also special programs, such as reincorporated and repair to peasant communities, with which there were already ongoing acquisition processes and that Today they are fundamental in the return and stabilization process.
“It has not been possible that the properties destined to consolidate the reinstated population have been able to settle and we need that in the return process that is ensured. Here it is not about taking the small peasant the land. Here it is about lands that were already coming In the process of negotiation they can end up promptly and thereby ensure stabilization “said.
The minister stressed that, once the measure is adopted, It is up to the National Land Agency (ANT) to review the ongoing acquisition negotiation processes and review which of them brings together the requirements established by Decree 108 of 2025, that is, that they are necessary to relocate displaced population and reincorporated.
“The ongoing processes belong to special programs that are not aimed at the acquisition of largely exploited lands. It is not about looking for new properties, but that, within the framework of inner shock, we have an agile tool to quickly have these properties and guarantee a safe return to these communities in a situation of special constitutional protection “he added.
(More news: the doubts generated
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