La diputada de la Bancada Naranja, Brenda Sánchez, presentó una iniciativa para modificar la Constitución local a fin de garantizar una indemnización justa en los casos de expropiación por parte de las autoridades municipales y estatales.
Actualmente, indicó la diputada, las expropiaciones se dan con base al valor catastral de los terrenos, y con la iniciativa se busca que la indemnización sea con el valor comercial, el cual es más elevado.
“El precio que se fijará como indemnización por el bien expropiado, será equivalente al valor comercial que se fije por corredores públicos o profesionistas con posgrado en valuación, que se encuentren autorizados en los términos que indique el ordenamiento legal correspondiente”, dijo la legisladora.
Sánchez explicó que, según el artículo 14 de la Constitución local, “la propiedad de las personas no puede ser ocupada sin su consentimiento, sino por causa de utilidad pública y mediante indemnización. El precio que se fijará como indemnización al bien expropiado se basará en la cantidad de su valor fiscal que figure en las oficinas catastrales”.
Sin embargo, la Suprema Corte de Justicia de la Nación definió la indemnización en los procedimientos de expropiación como la obligación de pagar una compensación justa cuando una propiedad es adquirida de forma forzosa por el Estado.
Incluso, la Convención Americana sobre Derechos Humanos también estableció el principio de indemnización justa como la referencia comercial de los terrenos.
“La causa de utilidad pública y la indemnización no son derechos humanos, sino garantías de protección del derecho humano a la propiedad privada, frente al interés de expropiación por parte del estado”, comentó.
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