Eficiencia de la prohibición de concentrar la propiedad rural y su equitativa distribución en Colombia : el papel regulador del Estado en ejercicio del dominio eminente frente a la estructuración de la propiedad rural y su distribución equitativa

Abstract

This research focuses on the legal analysis of how the structuring of private property law in the Colombian countryside has been and the way in which the State has regulated it in search of an equitable distribution a republican period to the present day, this study contemplates how the institutional scaffolding operates in front of this right, and also through exemplary cases, shows the real state that the rural properties exhibit in relation to the legal norms that claim the democratization of the land in the countryside. The above, in order to establish whether the legal tools and institutional design adopted are efficient and appropriate and are in harmony with the purposes of the country's agricultural policy. It should be noted that different academic and official studies such as the last National Agricultural Census published by the National Administrative Department of Statistics of Colombia, continues to show a high concentration of land at the head of a single owner, a situation that is synonymous with an inadequate distribution of the same contrary to what the Political Constitution of Colombia indicates, therefore to understand and to establish why this phenomenon persists juridically is the reason of this work.