La responsabilidad del estado por la vulneración de los derechos adquiridos en desarrollo de los cambios del uso del suelo en el ordenamiento territorial caso parque industrial montana Mosquera Cundinamarca

Abstract

This document presents a legal study through which the development and applicability of acquired rights in urban matters in Colombia was analyzed, specifically in industrial land uses within the territorial order, this, taking into account that the Colombian doctrinal and jurisprudential background They have held a joint position that develops the inexistence of acquired rights in urban matters. On the other hand, this research analyzed and developed the constituent elements of the State's responsibility for the violation of acquired rights in land use, which is why the creation of a Theory of acquired rights in urban matters was proposed, since in The doctrinal, normative and jurisprudential analysis regarding the consolidation, enjoyment and development of these rights, several inconsistencies, gaps and contradictions were found that leave individuals who could be holders of said rights in a situation of vulnerability. Finally, a specific case was identified in the Montana Industrial Park located in the municipality of Mosquera (Cundinamarca), which gathered the legal and factual elements necessary to apply the Theory of Acquired Rights in Urban Matters, resulting in the attribution of responsibility patrimonial to the State for its legitimate and legal action, under the title of attribution of Special Damage, which generated unlawful damages to industrialists, on the occasion of the ignorance of construction licenses, as well as the modification of the PBOT, violating the principle of trust legitimate and generating the rupture of public charges within the strict liability regime.