State Act

Code of Comunidades of 1961

Art. 332 – The inspection shall be presided by the administrator along with his secretary, and besides the experts, the applicant, the attorney and the clerk of the comunidade shall be notified to attend. § 1. After taking the oath, the experts shall give their report declaring whether the land is suitable to be granted as emphyteusis and whether from the grant it will result or not loss to the comunidade and in this regard the opinion, if any, from the same comunidade and from the committee, shall also be considered. The experts shall also state which is the amount of foro to be fixed and all the circumstances that may contribute for the final decision. § 2. If on inspection it is found that the land is suitable to be granted, it shall be measured and demarcated, placing temporary boundary stones in all its angles. § 3. If on inspection the land has been found not suitable to be granted on emphyteusis, the applicant may request the administrator, within the period of eight days, a new inspection, and it shall be granted with five experts, being two appointed by the applicant, two by the attorney of the comunidade and the fifth by the administrator. § 4. The same shall apply when the attorney of the comunidade, does not agree with the opinion given regarding the suitability of that plot, and thus requests for the inspection. § 5. In the talukas of 1st class the foro cannot be less than 6$ for each 100m2 and in the remaining talukas not less than 3$. However, if the land applied on emphyteusis is cultivated, the foro shall never be less than the maximum rent accrued in the last nine years and plus ten per cent. § 6. After the inspection, the minutes shall be written and signed by all present and then recorded in the book of the comunidade, within the period of eight days.