OCRET history

OCRET HISTORY 

I have found this interesting  historical compilation on the laws and governmental agreement regulating this very particular areas of the Guatemalan territory that are called Areas del Estado.


In 1894, ending the nineteenth century and  Reina Barrios being the President of the republic, it is 
important to make reference to this historical period, as this government is interested in regulating
reserve areas and appear in this year's the first records regarding the legal regulation of these areas.

The first laws were published about the mentioned areas were performed by means of decrees, agreements and regulations. These were issued by the President and first were regulated areas 
comprising the shores of the Atlantic Ocean and navigable rivers, with margins established in the decrees.

Later, in the 1965 Constitution, the areas of reserves are regulated , establishing constituting the areas and their margins . But it is up to 1973, when the Congress of the Republic issued Decree 35-73 Law Regulating Reserves nation, constitutes the first ordinary law that specified in it, these areas.


LEGISLATION AREAS OF TERRITORIAL RESERVES FROM GUATEMALA

A summary of the different laws that historically occurs have regulated the areas of state reserves, starting with the 1945 Constitution, since this is the first constitution that regulated the assets of the nation.

Political Constitution of the Republic of Guatemala, 1945 

On March 11, 1945 was promulgated the new Constitution by the democratic government that  was established in Guatemala, after leaving the military dictatorship that had ruled one after the other one the country. After the overthrow of General Jorge Ubico, the revolutionary junta was established in 1944 to make way later by election, to the President of the Republic Mr. Juan Jose Arevalo Bermejo.

During the administration of President Arevalo Bermejo was enacted first Democratic constitution, in which public assets were stipulated; Article 89 stated: "The goods of the Nation: goods  of domain public: 

  1. The waters of marine areas that surround the areas of the Republic; 
  2. the shores of lakes and rivers navigable or floatable; 
  3. rivers of any kind serving limit the Republic, 
  4. the waterfalls of industrial use, in the form determined by law, which likewise establish the condition and extensions dominion over all goods; Which they are state property and city; 
  5. the terrestrial maritime area situated on the national territory. Transit and use, are regulated by law and international treaties; 
  6. Revenue tax and municipal originating and public law;  
  7. The underground of the nation, hydrocarbon deposits and minerals; 
  8. All organic and inorganic substances prescribed by law; 
All other existing assets in the country that are specified in laws or non-private property, individually or collectively "

In this Constitution, no State reservation areas are specifically contemplated, however, it established which are the assets of the nation, which are public property. In this respect, this Constitution referred to the banks of lakes and navigable rivers, which serve as the basis for then specifically reserves were regulated areas.

Political Constitution of the Republic of Guatemala, 1956 

After the overthrow of General Jacobo Arbenz Guzman, it was repealed Constitution of 1945 and created a new one, which left no force progress in the democratic constitution of 1945, especially with regard to the agrarian reform. Although in terms of assets of the nation was concerned, they do had no change.With this event, General Carlos Castillo Armas. assumes the presidency of the Republic,this de facto government promulgated a new constitution on 2d February 1956. In accordance with Article 214  it established the goods of the Nation, which almost completely copied what regulated the former and only add what is  related to monuments and archaeological relics.

Political Constitution of the Republic of Guatemala, 1965 

This Constitution was promulgated on September 15, 1965 and for the first time in constitutional matters  the areas of the State  are specifically  regulated. Because as indicated above, in the constitutions that preceded it, only the assets of the nation were regulated.

Areas of state reserves are regulated in this Constitution in the Article 130, which stated
"The nation retains:

  1.  title of a land strip three kilometers along the oceans, starting from the top line of tides;
  2.  two hundred meters around the lakeshores; 
  3. one hundred meters each side of the banks of the navigable rivers; 
  4.  fifty meters around fountains and springs where the waters are born to take to the cities orpopulations. Exceptions to the reservations expressed:
 1. The estate located in urban areas;
 2nd. The property on which the registered rights exist Land Registry before 9 February 1894.
 3rd. The property on registered rights exist in the same record, prior to March 1, 1956, provided that the State does not have possession of them.
The foreigners  need Executive authorization to acquire real property covered by the exceptions of subsections 2nd. and 3rd. having the right state
preferably around special case "

Political Constitution of the Republic of Guatemala, 1985 
Since the first Constitution was promulgated in a democratic government 1945, analyzing the force that took up the 1965 Constitution, each one of them was in effect about 10 years.

After the Constitution of 1965, to the present, they passed 20 years, ie that within 40 years four constitutions were enacted, creating the mentioned constitutional changes, the existence of a huge uncertainty legal, harmful from every point of view for economic and social development.

The  current Constitution, had no change in relation to the areas of State reserves, as this almost completely copied what regulated the Constitution 1965, only the term nation was changed by the State and is omitted except that established that goods on which duty was entered in the Land Registry before February 9, 1894 were exempt from the reserve areas.

Decrees, agreements and regulations that have historically governed the
areas of land reserves of the State of Guatemala.

In the late 19th century begins with the legal regulation of reserve areas, which as stated above were published by laws, agreements and regulations. In accordance with the Laws of reserve areas
Guatemala territorial State made by the Office of Control Areas Territorial state reserves (OCRET) is presented chronologically the summary of each as follows:

a. Executive palace agreement whereby the State land reserves
for public use on the banks of Lake Izabal, in the riverbanks inland and on the coast of the Atlantic. Through this agreement, the State reserved for public use, the domain of vacant lands within the following areas: 200 meters wide, numbered around and from the shore of Lake Izabal, 100 meters from each side of the river navigable, 500 meters wide on the shores of the Atlantic; which was published by the Executive palace in Guatemala City on 24 November 1890. One of the features found in this agreement, is that only the Atlantic coast is considered, as well as Lake Izabal and generally navigable rivers, leaving off the Pacific coast and the other lakes.

b. Decree 483 Agrarian Law. By this decree was increased to 1.500 meters wide, starting from the top edge of the beaches of the ocean, provided that any individual could acquire the property they land and they could only be leased these areas by the Ministry of Development. The State also 200 meters wide, starting from the edge of lakes and 100 meters on the shore of navigable rivers, this was issued on February 9, 1894.

c. Regulation of Decree 483, Agrarian Law. About lease of land the government reserves. This regulation regulates the grounds that are on the coast or beach by ocean and shoreline of lakes and navigable rivers, which could be leased to private individuals up to a horse, the lease would be for a definite time, these could be terminated by the State under the country's needs, because of security, war or public order or if the government will project open ports, strong rise up or construyere any work on the leased land. This was issued in the Executive Palace, February 20 1894.

d. Provision for the payment for land lease grown within the strip that the state reserves under the law, dated December 13, 1920 the President of the Republic.

e. Amendment of Articles 1, 13 and 14 of the Regulations of Decree Law 483
Land, to lease public lands that the government reserves. With this reform the State was to lease to individuals or Corporations reserve areas. To grant these areas, lease should be held between the Ministry of Agriculture and the particular. In these cases the government was empowered to fix both the extent of these lands, and the price of rent.

The difference between the above items and refurbished items, lies in previously the government could give these areas a lease up to 1500 meters wide at the edge of the ocean and Articles
renovated extension of land could provide the Government lease was a discretionary activity. Also the lease of such areas should take place with the Ministry of Agriculture and not to the Ministry of Development.

f. Decree No. 2144, the President of the Republic, Jorge Ubico. Term to formalize the lease of land forming Subject to the nation, except the 20-meter strip on the margins of all
waterway, dated September 26, 1938. Under this decree, the government gave it a period of two months to those persons who were occupying the strip of 20 meters on the edge of the fairway and had his room in such places. As well as those who have industrial plants, buildings or occasional use to move to another place. All those who are found outside this belt should hold the lease of these areas within four months.

g. Decree No. 2369 of President Jorge Ubico.
Requirements to acquire or dispose of real or personal rights and to leasing of the property were within the band of 15 kilometers from the border, and others who constitute reserves of state and
Peten department, dated May 9, 1940. This decree stated that only the nation municipalities,
State institutions and Guatemalan origin, could acquire real or personal property rights in whole or in part are found within the range of 15 kilometers wide all along the land border or a fringe like inside the zones maritime. Also ruled that provision of the buildings that made up the department
Peten and to those found at 1500 meters or less than Sarstún river. It could be leased these areas, provided that counted with the authorization from the Ministry of Agriculture.

h. Decree No. 2421 of the President of the Republic Jorge Ubico.
The leases of land reserves are the nation could be held only with Guatemalan origin, the utilities to act under contracts or concessions, by the President Jorge Ubico, dated August 22 were exempt 1940

i. Decree number 2477 by legislative decree number 2421 Government Decree establishing the requirements to be observed for leases of land that constituted permanent reserve of the nation, dated March 15, 1941, by the President of the Republic Jorge was approved.

j. Decree No. 35-73 of the Congress of Guatemala. Law
Reserves Regulatory Office. This law consisting of 18 articles, was published on July 19, 1973, in the government of President Carlos Arana Osorio, it is the first law regulating the Nation Reservation. It was the first ordinary law to regulate specific areas of reserves, which will take place in the course of this work.

k. Regulations to the Regulatory Law of the Nation Reservation. Agreement
Agreement gubernatorial number M 35-73. This regulation had 66 items and developed the Regulatory Law of the Nation Reservation. It was delivered at the National Palace in Guatemala on 24 October 1973.

l. Responsible Regulation Control Office of the Nation Reserves
(OCREN). This regulation was comprised of 45 articles, which established the operation and the bodies responsible for that office, it was created by agreement of the Ministry of Agriculture, the National Palace in Guatemala City on October 8, 1974, in the government President Carlos AranaOsorio.

m. Decree No. 11-80 of the Congress of Guatemala. Law
Regulatory Areas Nation Reserves This law had only 20 articles, was published in the city of Guatemala dated March 20, 1980, in the government of President Fernando Romeo Lucas Garcia.

n. Decree No. 126-97 of the Congress of Guatemala. Law
Regulatory Areas Territorial Reserves State Guatemala. That is the current law and regulates areas of land reserves of the state, has 36 articles and was published on December 26, 1997. OCRET

o. Regulation Regulatory Areas Act Territorial Reserves
State of Guatemala, Government Agreement 432-2002 implements Law Regulatory Areas of Territorial Reserves of the State, dated 6 November 2002. This regulation lays down the basic provisions of the Bureau of State Reserve Areas and the procedures for the exercise of rights on reserve areas established by law.

p. General Tariff Bureau of State Reserve Areas -
OCRET-, contained in Governmental Agreement number 390-2005 of 22 2,005 August. This tariff regulates matters relating to payment for field inspection conducted by the technical department of the Bureau of areas -OCRET- State Reserve, certification of documents, cost of different forms of requests for lease extension and assignment of leasehold and with respect to fees for transfer of rights

q. Amendments to General Tariff Bureau of  State Reserve Areas
 -OCRET-, contained in Governmental Agreement number 390-2005 of

dated 22 August 2005. With this reform the collection was modified by field inspection conducted by the technical department of the Bureau of State Reserve Areas - OCRET-.


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