El pago por consignación en los procedimientos de expropiación y sus efectos.

Abstract

The Constitution of the Republic recognizes the expropriation power of the State so that it can develop social plans, as well collective welfare, carrying out the expropriation under the concept of public utility or also for reasons of social interest, this previously complying with the valuation, and respective compensation in favor of the expropriated in accordance with the legal precepts. In cases of urgent expropriations, the expropriating entity may occupy private property, if the consignment of the value of the property object of the expropriation operates. However, the legislator has transformed the old “expropriation judgment” into two separate judicial processes, including the payment by consignment judgment. The consignment in the civil matters is executed, when the payment made is declared in a judgment or when the payment is accepted by the creditor. However, in processes related to expropriation, the expropriated person usually refuses to accept the value. It is crucial for the expropriating entity to pay the value of the private property object before occupy it. In this sense, there must be a certainty about the moment in which the payment by consignment operates so that the expropriating entity may legitimately occupies the private property object of the expropriation and does not perpetuate an illegal action.