The Supreme Court upholds the right to property and orders the evacuation of the hold in Viña del Mar


The Supreme Court recognized the property right of José Massú Márquez —owner of two plots in the Valparaíso region and which more than a year ago were taken over by 85 people— and ordered the usurpers to vacate the properties within a certain period, asking In addition, that several government portfolios be officiated on the decision. The owner filed after an appeal was denied by the Valparaíso Court of Appeals.

The ruling by the Third Section of the country’s highest court, made up of ministers Mario Carroza and Jean Pier Matus, together with lawyers Enrique Alcalde and Pedro Águila, states that “the property must be abandoned, with a maximum period of six months from the date on which this sentence becomes enforceable, and their goods must be removed from the place, as well as the buildings built in the settlement. case of opposition”.

The document registered by Radio Biobio he maintains that an element to pay attention to is “the lack of speed in carrying out the various legal actions envisaged by our legal system to obtain the restitution of illegally occupied real estate”. According to the Supreme Court, then, even when there are different methods for this task, both through the exercise of civil and criminal actions, «it is no less true that the rights of use and enjoyment of the property owner will be largely seen diminished due to the prolonged completion of such procedures for various reasons arising from the impossibility of identifying the occupants, their complex reporting and other circumstances which make it difficult to identify those required”.

The ruling adds that “if the eviction of the occupants is necessary, the respective municipality in coordination with the corresponding ministerial portfolios, i.e. the Ministry of the Interior, Housing and Urban Planning, National Heritage and Social Development, must provisionally implement , a custody meeting the appropriate conditions in which evicted persons are housed or protected after release”.

Finally, the ministers of the Supreme Court ask that it be notified to the Ministry of the Interior and Public Security, “in order to ensure that the eviction, where necessary, takes place under the conditions indicated in the eighth paragraph of this sentence”.

It was also requested that the documents be sent to the Public Prosecutor for the purposes of his competence.

“This (judgment) is an approval of property rights,” attorney Waldo del Villar told the aforementioned radio station.

It is worth mentioning that the Third Section of the Supreme Court changed the criteria it had adopted in January 2022, when it found that it was the interested party who should coordinate with state authorities to carry out the eviction.

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