Who Owns the Land? Litigants, Justices, Colonos, and Titleholders' Struggle to Define the Origins of Private Property in Colombia

Lina M. Céspedes-Báez, Rocío Del Pilar Peña-Huertas, Daniel Santiago Cabana González, Santiago Zuleta-Ríos

Resultado de la investigación: Contribución a RevistaArtículo

1 Cita (Scopus)

Resumen

© 2015 by De Gruyter.This article explores the origin of private property in the Colombian legal system. The authors use Supreme Court case law from the twentieth century to analyze in-depth how wastelands (baldíos) come to be owned. Supreme Court decisions are organized and examined with respect to issues pertaining to appropriate modes of acquisition of wastelands, either occupation and labor or state grant, and the rules of evidence to prove whether the owner of a specific plot is the state, the titleholder or the settler (colono). This article demonstrates the difficult task of establishing simple clear rules to determine the ownership over tracts of land categorized as wastelands through the examination of the ambiguities of legislation and of the contradictory Supreme Court's rule of law. It also identifies the areas of contention, contestation and contradiction in the regulation of this matter and highlights how litigants, settlers, titleholders and Supreme Court Justices are part of a constant struggle to define the particular meaning of ownership over wastelands.
Idioma originalEnglish (US)
Páginas (desde-hasta)329-459
Número de páginas131
PublicaciónGlobal Jurist
DOI
EstadoPublished - ene 1 2015

Huella dactilar

private property
Colombia
Supreme Court
justice
court decision
case law
constitutional state
legal system
grant
occupation
twentieth century
legislation
labor
regulation
examination
evidence

Citar esto

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title = "Who Owns the Land? Litigants, Justices, Colonos, and Titleholders' Struggle to Define the Origins of Private Property in Colombia",
abstract = "{\circledC} 2015 by De Gruyter.This article explores the origin of private property in the Colombian legal system. The authors use Supreme Court case law from the twentieth century to analyze in-depth how wastelands (bald{\'i}os) come to be owned. Supreme Court decisions are organized and examined with respect to issues pertaining to appropriate modes of acquisition of wastelands, either occupation and labor or state grant, and the rules of evidence to prove whether the owner of a specific plot is the state, the titleholder or the settler (colono). This article demonstrates the difficult task of establishing simple clear rules to determine the ownership over tracts of land categorized as wastelands through the examination of the ambiguities of legislation and of the contradictory Supreme Court's rule of law. It also identifies the areas of contention, contestation and contradiction in the regulation of this matter and highlights how litigants, settlers, titleholders and Supreme Court Justices are part of a constant struggle to define the particular meaning of ownership over wastelands.",
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Who Owns the Land? Litigants, Justices, Colonos, and Titleholders' Struggle to Define the Origins of Private Property in Colombia. / Céspedes-Báez, Lina M.; Del Pilar Peña-Huertas, Rocío; Santiago Cabana González, Daniel; Zuleta-Ríos, Santiago.

En: Global Jurist, 01.01.2015, p. 329-459.

Resultado de la investigación: Contribución a RevistaArtículo

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T1 - Who Owns the Land? Litigants, Justices, Colonos, and Titleholders' Struggle to Define the Origins of Private Property in Colombia

AU - Céspedes-Báez, Lina M.

AU - Del Pilar Peña-Huertas, Rocío

AU - Santiago Cabana González, Daniel

AU - Zuleta-Ríos, Santiago

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AB - © 2015 by De Gruyter.This article explores the origin of private property in the Colombian legal system. The authors use Supreme Court case law from the twentieth century to analyze in-depth how wastelands (baldíos) come to be owned. Supreme Court decisions are organized and examined with respect to issues pertaining to appropriate modes of acquisition of wastelands, either occupation and labor or state grant, and the rules of evidence to prove whether the owner of a specific plot is the state, the titleholder or the settler (colono). This article demonstrates the difficult task of establishing simple clear rules to determine the ownership over tracts of land categorized as wastelands through the examination of the ambiguities of legislation and of the contradictory Supreme Court's rule of law. It also identifies the areas of contention, contestation and contradiction in the regulation of this matter and highlights how litigants, settlers, titleholders and Supreme Court Justices are part of a constant struggle to define the particular meaning of ownership over wastelands.

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