Special Real Estate Acquisition Process: Direct Agreement and Expropriation Proceedings

Abstract

The way in which a public body acquires goods and services differs from that of a private individual, because the expense has the characteristic of being public, therefore subject to a rigorous procedure that ensures efficiency in the purchase process. The purchase process or acquisition of real estate is considered special, as provided in the Organic Law of the National System of Public Procurement, excluding it from the types of dynamic procedures, common or general and of special regime Many authors have focused on analyzing and schematizing the forced expropriation, which resembles with the procedure of acquisition of real estate by a State agency; However, it is
stated that not every acquisition is compulsory, and that if the interests of both the expropriator and the expropriated party are agreed upon, the process can culminate in a direct agreement and is formalized through the respective public deed. Therefore, the special procedure of public procurement of real estate acquisition has two stages, one first identified as negotiation and direct agreement, and the second is the wellknown forced expropriation. Throughout the procedure and in any of the two stages, strict observance of the guarantees and rights of the administered and the observance of the rules of due process must be observed.

Keywords: public procurement, special procedure, real estate, administrative act, fair price.