Tratamiento jurídico de la acumulación de UAF en los baldíos adjudicados por el INCORA/INCODER

Abstract

In 2012 the Constitutional Court through Ruling C-644 declared unconstitutional articles 60, 61 and 62 of the 1450 Act, whereby the 2010-2014 Development Plan was established, because they allowed the sale of land originally uncultivated and empowered its contribution to authorize commercial companies the ability to consolidate a property with greater than those fixed for the UAF, originally -contemplates prohibitions in Article 72 of Law 160 of 1994. For some sectors, especially the big business areas this It locks as large investment in agricultural production projects and generates considerable legal uncertainty, which has led to different interpretations of the Law 160 of 1994, destroying investor confidence and away all the intentions to work in areas such as the Colombian high plains. The analysis of the three most emblematic cases of accumulation in the Colombian high plains: Monica Seeds SAS Group, Riopaila Castilla SA and the multinational Cargill will take us to the answer to the question of whether in the Colombian legal system is illegal or accumulation UAF in vacant awarded by the INCORA / INCODER.