El concepto de “bien baldío rural”

Abstract

In Colombia, the issue of access to land raises acute social and economic problems. Legislative rulings, throughout two centuries of republican life, have revolved around three forms of the acquisition of domain over the “baldíos” (State-owned goods intended to be awarded to private owners): adjudication, occupation and usucaption (acquisitive prescrip - tion). In effect, first of all, it is established that adjudication, whether free, or whether onerous, was the only means of acquiring the afore - mentioned “baldíos”. In a second phase, way was also opened for usu - caption. In a third period, in addition to the inclusion of and usucaption, the controversial means of occupation was also included. Even, surpris - ing as it may seem, within one regulation the three modes of acquisi - tion came to be allowed. In a fourth cycle, it was clarified that the only modes of acquisition of “baldíos” were occupation and adjudication. In a fifth and current period, the following was established: adjudication is the sole mode of acquiring the domain of the “baldíos”. In short, with these lines we have tried, first of all, to denounce the serious contradic - tions that exist in our country, including the Peace Agreements, with regard to the rural property regime. Specifically, we have focused on the concept of “baldío” property.