3 decrees for promoting the development of a competititve road infrastructure in Colombia

On November 22, 2013, Colombian Government enacted Law 1682 of 2013 seeking to provide an effective solution to economic, political, and institutional obstacles that have hampered the proper competitive road infrastructure development in Colombia. In in this regard, the National Government issued 3 decrees regulating multi-mode functionality, automatic clearing of title, direct negotiation and imposition of easements infrastructure projects in Colombia.

This new regulation will apply mainly to the ambitious fourth generation road projects program through which the Government seeks to develop around 40 infrastructure projects, by investing close to 25 billion dollars, hence representing the most ambitious infrastructure program in Colombian history.

In order to develop the multi-mode functionality of the transportation infrastructure projects, the National Government enacted Decree 736 of 2014 which lays down guidelines that shall be taken into account in road projects planning. Within those guidelines, it is stated that road projects shall connect the production and consuming centers, and the country’s main ports and borders. In addition, development of projects must reduce distribution costs of products, and facilitate mobility and accessibility of passengers and cargo. 

Compliance with these conditions is mandatory to all entities in charge of infrastructure project planning and the Ministry of Transportation or the designed controlling unit will verify that all processes are being handled accordingly.

Decree 737 of 2014 states requirements and conditions to apply “automatic clearing of title” in benefit of a public entity. Under such automatic clearing of title, a public entity acquires freehold of a land being resolved in its favor all disputes or litigation relating to property. 

Finally, by introducing Decree 738 of 2014, the National Government regulated terms to perform direct negotiation and to impose easements by administrative action.  

The Decree states the proceedings to constitute easements over a property or part of such through a negotiated or voluntary manner. Therefore, this Decree defines the terms in which offers should be made, the proprietor’s will to accept, decline and/or submit a counter offer.  

It must be noted that authorities empowered to perform the negotiation or to impose easements by administrative action can delegate functions following the parameters established by Infrastructure Law 489 of 1998.