Private Property in America : Private Property, Expropriation and Confiscation Prohibition

This time we will see a short summary of the Constitutional right of private property. While treatment in the different national constitutions does not vary much it is important to note in this precious right pasies dirferentes.

 

 

 

 

ARGENTINA
Article 14.– All inhabitants of the Nation enjoy the following rights under the laws that regulate their exercise, namely:…use and dispose of property;…

Article 17.– The property is inviolable, and no inhabitant of the Nation may be deprived of it, except pursuant to a sentence based on law. The expropriation for public utility, must be authorized by law and compensated…Confiscation of property is removed forever from the Argentine Penal Code. No armed body may make requisitions, or require assistance of any kind.

BOLIVIA
Article 7.– Everyone has the following fundamental rights, under the laws that regulate their exercise:

j. A private property, individually or collectively, provided it fulfills a social function;

Article 22.– Private property is guaranteed provided that the use made of it is not detrimental to the collective interest.

Expropriation is imposed for reasons of public utility or when the property does not fulfill a social function, qualified according to law and with fair compensation.

Article 28.– The church property, of religious orders and congregations and institutions engaged in educational, assistance and Charities, enjoy the same rights and guarantees as belonging to particular.

BRAZIL
Art. 5.º All are equal before the law, without distinction of any kind, guaranteeing to Brazilians and foreigners residing in the country the inviolable right to life, to freedom, à Igualdade, safety and property, as follows:

• XXII – the right to property is guaranteed;
• XXIII – property shall observe its social function;
• XXIV – the law shall establish the procedure for expropriation for public necessity or utility, or social interest, with fair and prior compensation in cash, except in the cases provided for in this Constitution;
• XXV – in the case of imminent danger to the public, the competent authority may make use of private property, assured the owner subsequent compensation, if there is damage;

CHILE
Article 19.– The Constitution guarantees to all persons:

23. Freedom to acquire ownership of all kinds of goods, except that which nature has made common to all men, or that should belong to the whole nation and the law so declares. The above is without prejudice to the requirements of other provisions of this Constitution.

A qualified quorum law and when required in the national interest may establish limitations or requirements for the acquisition of ownership of certain goods;

24. The right of ownership in its various species on all types of tangible property or intangible.

Only the law can set the mode of acquiring property, using, hold and dispose of it and the limitations and obligations arising from its social function. This includes all the requirements the general interests of the Nation, national security, utility and public health and conservation of environmental heritage.

No one can be, if any, be deprived of his property, the assets affected or some of the essential attributes or faculties domain, except by general or special law authorizing the expropriation for public utility or national interest, qualified by the legislator. The expropriated may protest the legality of the expropriation action before the ordinary courts and shall always be entitled to compensation for property damage actually caused, which is fixed by agreement or judgment rendered lawful by those courts.

A lack of agreement, compensation shall be paid in cash in cash.

Taking physical possession of the expropriated property will take place upon payment of total compensation, which, failing agreement, shall be provisionally determined by experts in the manner specified by law. In case of complaint about the origin of the expropriation, the judge may, the merit of the information adduced, order the suspension of the takeover. …

COLOMBIA
Article 34.– The pains of exile are prohibited, life imprisonment and confiscation.

However, by court may nullify acquired assets in prejudice of the public treasury or severe impairment of social morality.

Article 58.– Private property is guaranteed and other rights acquired in accordance with the civil laws, which can not be ignored or violated by subsequent laws. When the application of a law enacted for reasons of public utility or social interest, results in a conflict of individual rights with the need for it recognized, the private interest must yield to the public or social interest.

The property is a social function that implies obligations. As such, is inherent ecological function.

The State shall protect and promote associative and supportive forms of ownership.

For reasons of public utility or social interest defined by the legislator, may be expropriated by court order and prior compensation. This will be fixed at the interests of the community and the affected. In cases determined by the legislature, DICHA expropriation will be able adelantarse by administrative, sujeta subsequent administrative action, even for the price.

Article 59.– In case of war, and only to meet your requirements, the need for expropriation may be decreed by the Government without compensation.

In the above case, real property may only be temporarily occupied, to meet the needs of war, or to devote to it their products.

The State will always be responsible for the expropriations that the Government itself or through its agents.

COSTA RICA
Article 45.– The property is inviolable; no one may be deprived of his property is not legally proven public interest, prior compensation according to law. In case of war the commotion inside, is not necessary that such compensation is prior. However, The payment shall be made no later than two years after the end state of emergency.

For reasons of public necessity, the Legislative Assembly, by a vote of two-thirds of all its members, impose limitations of social interest to property.

CUBA
Article 14.- In the Republic of Cuba rules the economy system based on socialist ownership by the whole people of the basic means of production and the abolition of the exploitation of man by man. Observe the principle of socialist distribution “from each according to his ability, to each according to his work”. The law establishing regulations to ensure the effective implementation of this principle.

Article 21.- Personal property is guaranteed income and savings derived from own work, on housing that has legal title of ownership and other property and objects that serve to satisfy the material and cultural needs of the person. Ownership of the means and instruments of personal or family work is also guaranteed, which can not be used to obtain revenue from the exploitation of others' labor. The law sets the amount by which the goods will be seized personal property.

Article 24.– The State recognizes the right of inheritance on housing domain itself and other items of personal property. Land and other assets related to the production of the property comprising small farmers are heritable and only heirs who work the land are allocated, except in the cases and under the procedure established by law.

The law prescribes the cases, the conditions and the manner in which the assets of cooperative ownership may be inherited.

Article 25.– Expropriation of property is authorized, for reasons of public utility or social interest and with due compensation. The law establishes the procedure for expropriation and the bases for their usefulness and necessity, and the form of compensation, considering the interests and economic and social needs of the expropriated.

Article 60.– Confiscation of property is applied only as punishment by the authorities, in cases and procedures determined by law.

ECUADOR
Article 23.– Without prejudice to the rights established in the Constitution and existing international instruments, The State recognizes and guarantees the following people:

23. The right to property, in the manner prescribed by law. …

Article 30.– Property, in any form and while it fulfills a social function, is a right that the State recognizes and guarantees for the organization of the economy.

It should aim to increase and redistribution of income, and allow access of the population to the benefits of wealth and development. …

Article 33.– For social purposes specified by law, State institutions, by the procedure and within the time specified in the procedural rules, may expropriate, just prior assessment, payment and compensation, well is that they belong to the private sector. Confiscation is prohibited throughout

EL SALVADOR
Article 2.– Everyone has the right to life, to physical and moral integrity, a la Libertad, security, work, ownership and possession, and to be protected in the conservation and defense of themselves.

Article 11.– No person may be deprived of the right to life, a la Libertad, ownership and possession, or any other of their rights without first being heard and defeated in court under the laws; and can not be tried twice for the same cause.

Article 106.– Expropriation proceed for a public utility or social interest, legally proven, and after fair compensation.

When expropriation is motivated by cases from war, public calamity, or when the purpose the provision of water or electricity, or building houses or roads, roads or roads of any kind, compensation may not be pre-.

When justified by the amount of compensation to be recognized by the expropriated in accordance with the preceding paragraphs, payment may be made in installments, which shall not exceed fifteen years together, in which case the person is expropriated will pay the bank interest. Such payment shall be made preferably cash.

May be expropriated without compensation entities that have been created with public funds.

Confiscation is prohibited either as punishment or in any other capacity. Officials who violate this rule will respond always with their persons and property of the damage caused. Confiscated property are inalienable.

GUATEMALA
Article 39.– Private property. Private property is guaranteed as a right inherent in the human person. Every person may freely dispose of their property in accordance with the law.

The State guarantees the exercise of this right and shall create conditions to facilitate the owner's use and enjoyment of their property, so that individual progress is achieved and national development for the benefit of all Guatemalans.

Article 40.– Expropriation. In specific cases, private property may be expropriated for public interest, social benefit the public interest properly checked. Expropriation proceedings shall be subject to the law identifies two, and the affected property is justipreciará experts based on their current value.

Compensation shall be effective upon currency and legal tender, unless the person concerned is appropriate in other compensation.

Only in case of war, public calamity or grave disturbance of the peace deal can be intercepted or property, expropiarse without the prior compensation, but it must be done immediately after the emergency has ceased. The law establishes the rules to be followed ra with enemy property.

The payment of compensation for expropriation of idle lands shall be fixed by law. In any case the term to enforce such payment may exceed ten years.

Article 41.– Protection of property rights. Because of political activity or crime can not limit the right of property in any way. Confiscation of goods and imposition of confiscatory fines are prohibited. Fines shall in no case exceed the amount of tax withheld.

HONDURAS
Article 103.– The State recognizes, promotes and guarantees the existence of private property in its widest concept of social function and no more limitations than those who for reasons of necessity or public interest established by law.

Article 104.– The right of property shall not prejudice the State eminent domain.

Article 105.– Confiscation of property is prohibited.

The property can not be limited in any way because of political crime.

The right to claim the confiscated property is imprescriptible.

Article 106.– No one can be deprived of his possessions except in the public interest or need qualified by law or by resolution based on law, and without prior compensation justipreciada.

In case of war the commotion inside, is not necessary that such compensation is prior, but the payment shall be made, take the mass, two years after terminating the state of emergency.

MEXICO
Article 14.- No one shall be deprived of life, of liberty or their property, possessions or rights, but a trial by the courts previously established, in which due process is observed and according to the laws issued prior to the event.

Article 27.– … Expropriation can only be made by a public purpose and payment of compensation. The nation shall at all times have the right to impose on private property such limitations as the public interest, as well as regular, social benefit, harnessing the natural elements of appropriation, in order to make an equitable distribution of public wealth, care for their conservation, achieve balanced development of the country and improvement of the living conditions of the rural population and urban. Consequently, dictate the necessary measures for managing human settlements and establish adequate provisions, uses, land reserves and destinations, water and forests, in order to execute public works and planning and regulating the foundation, conservation, improvement and growth of population centers; to preserve and restore the ecological balance; fractionation latifundia; to provide, in terms of the regulatory law, the organization and operation of collective ejidos and communities; for the development of small rural property; to promote agriculture, of livestock, forestry and other economic activities in rural areas, and to prevent the destruction of the natural elements and damage the property may suffer detriment of society. …

… The laws of the federation and the states in their respective jurisdictions, determine where the public interest is the occupation of private property, and in accordance with these laws, the administrative authority will make the corresponding statement. The price to be fixed as compensation for expropriated property, it is based on the amount of taxable value as it appears on the cadastral or collecting offices, whether this value has been declared by the owner or simply accepted by a tacit way for paying your contributions on this basis. Excess value or demerit who has had private property due to improvements or deterioration occurring after the date of allocation of tax value, will be the only thing that should be subject to expert judgment and judgment. The same was observed in the case of this property whose value is not in the tax offices. The exercise of the actions that correspond to the nation, by virtue of the provisions of this Article, cash will be made by the judicial procedure; but within this procedure and order of the competent courts, that was issued in the maximum period of one month, administrative authorities shall proceed at once to the occupation, administration, auction, or sell the land or waters concerned and all accessions, in no case may the acts of such authorities before judgment is delivered enforceable;

NICARAGUA
Article 44.- The right to private ownership of movable and immovable property is guaranteed, of the instruments and means of production.

Under the social function of property, This right is subject, for reasons of public utility or social interest, limitations and obligations in their exercise imposed by law. Immovable property referred to in the first subparagraph may be expropriated according to law, cash payment of just compensation.

Case of expropriation of uncultivated estates, for agrarian reform purposes, determine how the law, quantification, installments and interest payments are recognized as compensation.

Confiscation of property is prohibited. Officials infrijan this provision, will respond with goodsd always for the damage infendos.

PANAMA
Article 44.– Private property acquired under the Act for legal or natural persons are guaranteed.

Article 45.– Private property implies obligation to its owner because of the social function must fill.

For reasons of public utility or social interest defined in the Act, there may be expropriated by special trial and compensation.

Article 46.– When the application of a law enacted for reasons of utility or social interest, results in a conflict of individual rights with the recognized need by the same law, the private interest must yield to the public interest or social.

Article 47.– In case of war, serious disturbance of public order or urgent social interest, requiring prompt action, the Executive may decree the expropriation or seizure of private property.

When returning the object is feasible busy, occupation only be for the duration of the circumstances that have caused.

The state is always responsible for any expropriation and perform the executive and damages caused by the occupation, and shall pay its value when it has ceased the determining reason for the expropriation or occupation.

PARAGUAY
Article 20.- OBJECT OF PENALTIES … Are proscribed penalty of confiscation of goods and banishment.

Article 109.- PRIVATE PROPERTY
Private property is guaranteed, its content and limits shall be established by law, according to their economic and social function, to make it accessible to all.

Private property is inviolable.

No one can be deprived of his property except by court order, but supported the expropriation for reasons of public utility or social interest, to be determined in each case by law. This will guarantee the payment of just compensation, conventionally established by court order or, unproductive estates except for land reform, accordance with the procedure for expropriation to be established by law.

PERU
Article 2.- Everyone has the right:

16. A property and inheritance.

Article 70.– The right to property is inviolable. The State guarantees. It is exercised in harmony with the common good within the limits of law. No one may be deprived of property without exclusively, because of national security the public need, declared by law, and payment of cash compensation justipreciada including compensation for any damage. There is action to the Judicial power to answer the value of the property that the State has indicated in the expropriation proceedings.

Article 71.– Regarding the property, foreign, natural or legal persons, are the same as Peruvians, without, if any, can invoke diplomatic protection exception or.

However, within fifty kilometers of borders, foreigners can not buy my own, entitled to any, mines, lands, forests, waters, fuels or energy sources, direct ni indirectly, individually or in society, under penalty of losing, to the State, the right thus acquired. The case of public necessity expressly declared by Supreme Decree approved by the Cabinet in accordance with law is excepted.

Article 72.– The law can, only for reasons of national security, temporarily set specific restrictions and prohibitions for the acquisition, possession, exploitation and transfer of certain assets.

Article 73.– The public property is inalienable and. The property for public use may be granted to individuals according to law, for economic use.

DOMINICAN REPUBLIC
Article 8.- It is recognized as the main purpose of the state the effective protection of the rights of the human person and maintaining the means by which he gradually improved within an order of individual freedom and social justice, compatible with public order, the general welfare and rights of all. To ensure the realization of these aims, the following rules are set:

13. The right to property. Consequently, no one can be deprived of it except for cause of public utility or social interest, payment of its fair value determined by a competent court. In cases of public calamity, compensation may not be pre-. Shall be imposed the penalty of general confiscation of property for political reasons.
    1. Social interest is declared the dedication of land to useful purposes and phasing of large estates. Meant to Agrarian Reform plans land belonging to the State or it acquires from grade to grade or expropriation, in the manner prescribed by this Constitution, they are not intended or be allocated by the State for other purposes of general interest. It is also declared as a main objective of the social policy of the encouragement and cooperation to effectively integrate national life the rural population, by renewing the methods of agricultural production and cultural and technological training of rural men.
    2. The State may convert your cooperation in property companies or cooperative economy. …

UNITED STATES OF AMERICA

Article I

Section. 9.
Clause 2: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

Clause 3: No Bill of Attainder or ex post facto Law shall be passed.

Amendment V. (1791)
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI. (1791)
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

 

URUGUAY
Article 14.- Shall be imposed the penalty of confiscation of property for political reasons.

Article 32.- The property is an inviolable right, but subject to the provisions of the laws that were established in the general interest. No one shall be deprived of his property rights except in cases of necessity or public utility established by law and provided the National Treasury received fair and prior compensation.
When expropriation is ordered because of public necessity or utility, owners will be compensated for damages suffered because of the length of the expropriation proceedings, not consume or expropriation; including those arising from changes in the value of currency.

Article 231. The law passed by an absolute majority of the total membership of each House may provide for expropriations plans and programs relating to economic development, proposed by the Executive, with just compensation and in accordance with the provisions of Article 32.

Article 232. Tells compensation will be able to be in prior, but in that case the law must specifically provide the necessary resources to ensure full payment within the established, that never exceed ten years; the expropriating authority may not take possession of the property without first having paid at least a quarter of the total compensation.

Smallholders, whose characteristics determine the law, always receive full compensation before taking possession of the.

VENEZUELA
Article 115.– It guarantees the right to property. Everyone has the right to use, enjoyment, enjoyment and disposition of its assets. The property will be subject to taxation, restrictions and obligations established by law for public utility or general interest. Only for reasons of public utility or social interest, by a judgment and timely payment of just compensation, may be declared the expropriation of any kind of property.

Article 116.– They were not ordered or carried out confiscations of goods but as permitted by this Constitution. By way of exception may be subject to confiscation, by a judgment, property of natural or legal persons, domestic or foreign, responsible for crimes committed against public property, the goods of those who illicitly enriched under Public Power and goods from commercial activities, financial or any other related to illicit trafficking in narcotic drugs and psychotropic substances.

 

http://pdba.georgetown.edu/Comp/Derechos/propiedad.html