State Act

Code of Comunidades of 1961

Art. 322 – If the comunidade in conformity with the findings of the experts approves the lease, the land shall be put to auction. § 1. The base of auction shall be indicated by the experts, which however, in no case, shall be inferior to the maximum rent obtained in the previous nine years plus 15 per cent. § 2. The lessee who fails to comply with the clauses of the contract, shall be subject to pay a fine equivalent to the double of the expense that would have to be done with the works or services which he left to be executed in due time, and in case of recurrence, he may be removed, without prejudice to the imposition of fine. § 3. To the lessee who does not implement the beneficiary scheme, within the period in which he ought to do or shall abandon the land later on, leaving it to deteriorate, the contract of lease shall be terminated reverting soon thereafter the land to the comunidade, with all the improvements, and the lessee shall not be entitled to the same. He shall also have no right for any compensation. § 4. The rescission referred to in the preceding paragraph shall be directed upon the inspection by the administrator, with the intervention of an expert, who shall be the head of the office of agriculture and veterinary or his delegate, and subject to the confirmation of the 88[Government], without which it shall not be enforceable. § 5. The decision which direct the rescission, shall be published in the Official Gazette and, as from its publication, the comunidade shall re-enter in possession of the land, without prejudice of any administrative claim or judicial action on the part of the lease holder or of the third party.