Abstract

MORA GAMBOA, Juan Fernando Gabriel. The Debate on Wasteland and Private Property in Colombia. Prolegómenos [online]. 2020, vol.23, n.45, pp.51-65. ISSN 0121-182X.  https://doi.org/10.18359/prole.4032.

This article intends to conceptualize wasteland to determine which properties can be considered as such and which as private property. The method used is a desk research. The definition may be used in all cases in which the concept of wasteland is referred to, such as 1) land restitution to victims of the armed conflict, 2) the process of recovering wasteland by the National Land Agency (ANT), and 3) the process of declaring the ownership of alleged wasteland. The importance of this concept in the Colombian context is emphasized. Then, it is shown that the legal term of wasteland is still unclear and some tentative definitions from the current regulations are provided. Finally, a regulatory proposal is put forward to avoid the existing absence of definition and legal security on the subject.

Keywords : Wasteland; private property; land reform; due process; access to justice; progressive access to land ownership.

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