Análisis de la distribución equitativa de cargas y beneficios en la gestión del suelo.

Abstract

This work includes an "analysis of the distribution of burdens and benefits in land management", incorporating the "principle of equity" and adopting it as one of the "instruments of urban planning", which has been regulated in the "Law Organic of Land Use and Management of Land ”(2016) and its“ regulation ”(2019), but its application is incipient in our environment due to the lack of“ procedural norms ”issued by the“ Decentralized Autonomous Governments ”of the municipal level that they have the “exclusive competence to regulate and control the occupation and use of the land” in their urban and rural classification; For this, it is necessary to study foreign regulations and analyze their importation and adaptation to the ordinances that must be issued for their observance in compliance with the "Development Plans and Territorial Organization", hereinafter "PDOT" and "Plans for the Use and Management of Land ”, hereinafter“ PUGS ”, putting an end to the free will that prevails in the“ approval process ”of housing projects located especially on“ unconsolidated urban land ”, with the aim that the regulated process incorporates“ green spaces, facilities and urban buildings ”for the“ benefit of the community ”, in correspondence with the granting of the“ constructive power ”that arises from the“ urban planning ”, in favor of the“ real estate developer ”; pursuing as a goal, the incorporation of the concept of consolidated and resilient cities, where their cantonal governments are able to efficiently meet the demand for municipal services in their jurisdictions and that contribute to local development in an orderly manner.