61
76.
This type of proceedings has the same requirements as under Article 22 of
that same Law, to claim public lands. Article 22 provides that
[t]he following procedure will be followed for establishment of indigenous communities on
public lands:
a) Report by the Institute to the I.B.R. on the existence of an indigenous Community,
stating its number of members, location, time they have been there, crops and
improvements to the land, area effectively occupied and that claimed additionally to
fulfill their economic needs and expansion;
b) Location of the land in the I.B.R. land registry within twenty days of the date when
it was filed;
c)
Visual inspection by the I.B.R. within thirty days of when the property was located
in the land registry, including submission of the report before that deadline;
d) Measurement and demarcation of the area by the I.B.R. within sixty days of when
the official in charge of the visual inspection submits his report;
e) Approval of the measurement within thirty days of the date when it was submitted;
and
f)
I.B.R. decision, with a previous favorable recommendation by the Institute, to
authorize settlement of the indigenous Community.
77.
The expropriation procedure, in turn, is regulated by Law No. 854/63 that
established the Agrarian Statute, modified by Article 67 of Law No. 352/94 on
Protected Wildlife Areas, as follows:
Article 146. – The following private property lands are declared to be of interest for
public purposes and subject to expropriation:
a) Those that are not rationally used and are appropriate to establish agricultural
settlements;
[...]
e)
The lands necessary to establish Protected Wildlife Areas and Indigenous
Settlements;
Article 147.- Before requesting expropriation, the Instituto de Bienestar Rural may,
within its financial possibilities or the availability of land, offer to purchase from or
exchange with the owner the property affected for public purposes.
Article 148.- Whether it decides to expropriate or to buy or exchange, the Instituto de
Bienestar Rural will carry out the following prior actions:
a)
Notify the owner;
b) Verify that the land, its location and agricultural conditions are appropriate for
agricultural settlement;
c)
Corroborate the existence and significance of the social problem in the area
involved;
d) Call on the owner of the property to state, within a peremptory ninety-day
deadline, his willingness to sell it directly to the occupants or to establish a settlement
there, in accordance with the conditions set forth in this law.
[…]
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