News

January 4th, 2023

Justice suspends regulations issued by SAG and Minagri against agricultural plots

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Chile Rural, an association of plot owners, requested the 7th Civil Court of Santiago to open a trial to determine the legality of Circular Letter No. 637 and Circular Letter No. 475, issued by the Agriculture and Livestock Service (SAG), the Ministry of Agriculture and the Undersecretary of Agriculture, instructions that ordered SAG to tighten the criteria for authorizing subdivisions of rural land, suspending all applications in cases where it was suspected that the land would be used for housing purposes.

The trade association denounced that in the circular letters, the Government granted themselves powers that correspond to the Legislative Branch, so that the documents lack legitimacy. Thus, Chile Rural, formally requested the suspension of the authorities' instructions until the judicial process is resolved.

The request was accepted and the suspension of the effects of both Circular Letters, by which it instructed on criteria to suspend the procedures for certification of property subdivision certification and determine its approval or rejection, was ordered.

 

References: Diario Financiero, Diario El Mercurio.

The trade association “Chile Rural”, represented by partner Felipe Riesco, filed a Public Law Nullity action against the Chilean Treasury in October, and asked the 7th Civil Court of Santiago for this injunction on the grounds that the Government’s circular letter suspending plots for housing purposes is beyond the authority’s powers.

PARTICIPATING LAWYERS

Felipe Riesco Eyzaguirre

Felipe Riesco Eyzaguirre

friesco@bsvv.cl
Fernando Barros Vial

Fernando Barros Vial

fbarros@bsvv.cl
Esteban Carmona Quintana

Esteban Carmona Quintana

ecarmona@bsvv.cl
Francisco Rivadeneira Domínguez

Francisco Rivadeneira Domínguez

frivadeneira@bsvv.cl
Marco Luna Faúndez

Marco Luna Faúndez

mluna@bsvv.cl
Francisco Álvarez Werth

Francisco Álvarez Werth

falvarez@bsvv.cl
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