The Executive Power issued a decree through which the sale of State land and real estate is made possible, something that had been categorically prohibited since 2016, as a result of the scandals in the irregular land transactions of the State Sugar Council (CEA) in favor of politicians and soldiers in past governments.
With decree 314-22, signed on June 14 by President Luis Abinader, the Commission for the Identification and Efficiency of State Real Estate was created, which may recommend the sale or donation of state land in private hands. In its article five, the executive order establishes that “when the real estate or land owned by the State that is inhabited or is illegally usufruct by individuals, whether they are natural or legal persons, the Commission may recommend the donation or sale in favor of those individuals. that they occupy it for residential purposes; or sale, when they use them for any type of productive exploitation”.
The legal consultant of the Executive Power, Antoliano Peralta, explained to Diario Libre that the decision is based on the reality that “numerous people of low economic level occupy small state plots, especially the CEA.”
“Numerous people of low economic level occupy small plots of the State, especially the CEA”Legal consultant
Faced with this reality, he adds: “This commission may recommend the donation or sale of the same so that these people enter into legal possession and become owners.” Further on, the presidential order specifies that, “in cases where neither the sale nor the donation proceeds, the occupant will be subject to eviction through the competent State body, in compliance with the pertinent legal procedure.”
This commission is made up of the General Directorate of National Assets; the Ministry of Housing, Habitat and Buildings; the Permanent Commission of Qualification of State Land; the Dominican Agrarian Institute and an executive director, with voice but no vote. This executive director will be appointed by the president and will receive reports on the progress of the work.
“When the property or portion of land is donated in favor of the individual who inhabits it, it will be submitted to the Permanent Titling Commission of State Land for its titling in favor of the donee”, adds the decree. In this way, the Government relaxes a position held since the beginning of the current administration.
President Abinader said in July 2020, when he had not yet taken office, that one more meter owned by the State would not be sold to individuals and that these would be used for social purposes. In this sense, the recent decree 314-22 establishes that “the use of state land for the construction of buildings paid for with public funds, as long as the land complies with the technical and geographical conditions relevant to the project.
The functions of the new Commission for the Identification and Efficientization of State Real Estate are: to locate, identify and evaluate those real estate properties owned by the State that are occupied by public establishments or by individuals; recommend a more efficient and appropriate use of State land, after preparing a report; suggest the performance of certain activities and/or projects in buildings strategically located for their development; and prepare a report for the Executive Power containing the cadastral survey of the identified properties, their current legal status and the recommendations corresponding to each case.