LA LEGITIMACIÓN REGISTRAL DEL EXPROPIADO COMO MEDIO PREFERENTE DE INTERVENCIÓN EN EL PROCEDIMIENTO EXPROPIATORIO.

Abstract

This paper examines the correlation between the regulation on forced expropriation and registration legislation as concerns the condemnee's participation in the expropriation process. The condemnee's presence is based on the preferred acknowledgement of the standing the condemnee has attained through registration, to wit: the standing the condemnee gains from having his or her ownership registered, as a projection of the principle of registration publicity. The condemnee's legal standing as a registered property owner can at all events be weakened on the basis of the fact that it is a presumption juris tantum. The paper analyses the link and contextualisation between article 3 of the 1954 Forced Expropriation Act and its precedent, article 5 of the 1879 Forced Expropriation Act, and article 319 (formerly 313) of today's Mortgage Act. The paper concludes that the expropriating authority is bound by the excluding subsidiary relationship of the means that article 3 of the Forced Expropriation Act provides in order to find the standing of the condemnee as such in the expropriatory procedure. To that end, the paper systematises and explores case law, fundamentally the pertinent rulings by the Administrative Law Division of the Supreme Court.