Título V

Once a property has been declared subject to public utility or necessity, or social interest, the State, the municipalities and the University of San Carlos of Guatemala may acquire it directly from the owner in compliance with the requirements of this law.

Once the declaration referred to in the preceding article has been made, the expropriating party shall require the owner to state the sum that the owner would accept in payment of total compensation. The owner must give the answer within the time limit set in the requirement, which time limit shall be no less than five days nor more than ten, counted from the date on which the owner legally receives the corresponding notice, plus the distance term, which shall be computed as prescribed by the Law of the Judicial Branch.

The provisions of the Code of Civil and Commercial Procedure shall be observed with respect to notices.

In cases of persons domiciled outside the Republic, whose residence is unknown, they shall be summoned by means of edicts published three times during one month in the Official Gazette and in another newspaper of major circulation in the country, requiring their presence in person or through a sufficiently instructed and funded attorney-in-fact, within a term of fifteen days counted from the date of the last publication; if they fail to appear within the indicated term, all notices to them shall be served through the Official Gazette and the terms or time limits shall be computed from the day of the respective publication.

If the expropriating party reaches agreement with the owner or his legal representative on the amount of compensation, upon prior payment thereof, the corresponding transfer deed shall be executed. Title shall be transferred free of all encumbrances or limitations.

Notwithstanding the foregoing, if, after reciprocal offers have been made, no agreement is reached regarding determination of the final amount of compensation to be paid, the expropriating entity or that in whose favor the declaration of collective utility, benefit and public interest has been issued may deposit before a competent tribunal the amount of the appraisal it has made in accordance with the second paragraph of Article 71 of the Constitution. The deposit referred to in this article shall be made without prejudice to making adjustments, if applicable, when the amount of final compensation is fixed.

Once the deposit has been made, the expropriating entity may, even if there are remedies pending decision, initiate or continue the work in question.

If the expropriation is carried out by contractors or concessionaires of public services, or of public-utility works or services, they may effect the acquisition in accordance with this chapter; but the authority charged with supervising the concession or compliance with the contract shall express its agreement with respect to the compensation.

The preliminary proceedings referred to in the preceding chapter shall be without effect and expropriation shall proceed in the following cases:

a.In cases of invasion or attack on the national territory or serious disturbance of domestic order;

b.If the owner does not express his claims within the time limit referred to in Article 20;

c.If the valuation made by the owner exceeds the fiscal declaration by 30%;

d.If the expropriating party and the expropriated party do not agree on the compensation; and

e.If the property, the subject matter of the expropriation, belongs to minors, incapacitated persons and absentees.

The expropriation file shall be in writing and shall be processed before the Departmental Governorships; the petition shall contain the following requirements:

1.Governorship to which it is addressed.

2.Indication of the expropriating party (State, municipality, University, concessionaire or contractor)

3.Name, surname and domicile of the owner.

4.Designation of the property whose expropriation is sought, with all data that may identify it.

5.Certification from the respective office in which the value of the fiscal declaration is recorded.

6.Indication of the legal provision by virtue of which the property is declared of public utility or necessity or social interest.

7.Statement of the sum offered by the expropriating party as total compensation, supporting its conclusions with reasons; and

8.When immovable property is involved, technical report that the expropriated property is the one needed to execute the work.

The application shall be served upon the owner for a term of seven days.

Within the foregoing term the owner shall answer the service; the answer pleading shall contain the following requirements:

1.Name, surname and domicile.

2.Agreement or disagreement with the information that the applicant attributes to the property, correcting such information.

3.Indication of the mortgages, attachments, annotations of claim and other encumbrances burdening the immovable.

4.Agreement or opposition of the owner to the expropriation, stating the grounds for his conclusions; and

5.Statement of the sum claimed as total compensation.

The owner or his lawful representative, when answering the service, shall attach the title of ownership if the immovable is registered in the Property Registry, and such other documents as he deems appropriate to substantiate his claims.

In the same pleading the owner shall identify the person or persons who may have been adversely affected by the expropriation proceedings, or to whom notice shall be given for all purposes.

In the absence of such identification, aggrieved third parties may appear to assert their rights during the processing of the proceedings.

If, upon expiration of the term indicated in Article 24, the owner fails to appear, the proceedings in all their remaining steps shall continue in default, unless it becomes necessary to suspend them in order to declare the absence of the owner for the purpose of appointing a legal representative for him.

Once the order to respond opposing the expropriation has been answered or the seven-day term has elapsed without answering it, the file shall be opened to evidence for twenty days, within the first three days of which the parties shall substantiate their claims.

When the evidentiary measure offered is by experts, each party shall appoint one. The governor shall convene the parties to a hearing in which the points on which the expert examination shall be based shall be proposed, as well as the designation of the third expert in case of disagreement. If the parties do not designate their respective expert within the term set by the governor, nor agree on the designation of the third expert in disagreement, they shall be appointed on its own initiative by the governor. If the appointed experts do not accept the office, the same procedure shall be followed to replace them; but if those newly appointed do not accept, they shall be appointed on its own initiative.