Publicación: Los mecanismos para la declaratoria de ineficacia del acto administrativo de adjudicación de bienes baldíos por indebida acumulación de tierras
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According to the Civil Code (Law 84 of 1873), those “lands that, being located within the territorial limits, lack another owner.” Consequently, the State, its owner. Who, to guarantee the right to gradual access to land for peasants without land or with insufficient land, adjudicates them through an administrative process carried out by the National Land Agency - ANT. To prevent this objective from being corrupted, article 72 of Law 160 of 1994, by means of which the National System of Agrarian Reform and Rural Rural Development is created, prohibits that uncultivated lands are accumulated, encompassing or acquiring new extensions of land. land, to increase its original size, known as Family Agricultural Unit - UAF. Exceeding your limits. Despite this normative prohibition, the legislator did not create or regulate a single mechanism to which both the competent authorities and individuals can resort in order to render without effect the acts or businesses that come to configure the undue accumulation of land. wasteland. Faced with this legislative omission, both doctrine and jurisprudence by analogy have recognized the figures of the reversion clause, the action of simple nullity and the power of direct revocation of administrative acts, the vocation to be used as suitable mechanisms to seek the judicial declaration of ineffectiveness of the act of adjudication or alienation of vacant lots. Therefore, this work addresses the study of the procedure for the operation of the reversion clause, the exercise of the simple nullity action and the execution of the power of direct revocation of administrative acts, as suitable mechanisms to remedy the phenomenon of the undue accumulation of land with the declaration of ineffectiveness of the act vitiated by improper accumulation of land, to identify its scope, characteristics, similarities and differences.