The accusations and accusations have been superfluous. It is a strip of land that has to be determined who owns it.
Exactly one week ago, the Cultural and Sports Corporation of Commerce, (Club del Comercio) as it is known in the city, was in the middle of the eye of the hurricane due to a resolution issued by the Mayor’s Office of Dosquebradas, on December 29, a few hours after the end of the previous local government.
The photo of the booth and the talanquera in the Club’s parking lot appeared on all social networks, accompanied by texts such as: ‘on November 13, 2021, we denounce how the Pereira Cultural and Sports Corporation of Commerce blatantly appropriated the entire 7th street with 16th street. Without anyone’s permission he closed it, set up a toll booth and turned it into a private parking lot for his partners despite it being a public road for the people of Pereira.’
A Google image shows the L that makes up Calle 7 and Carrera 16. Likewise, an adjacent lot where there is an urban project for which the entrance was designed through the Carrera and not the street.
The Club version
For Dr. Nelson Uribe, an urban planning lawyer for 33 years and attorney in this case, we must first look at the past: “The Club has been here since 1952 and we must make a difference between the property and the space, because the latter where The parking lot is in possession for approximately 40 years and no one has claimed it, which is why it does not seem to us that the argument under which the claim is made is correct.”
Lane 16, on which the largest space in the parking lot is, in theory would exit onto 6th Street, but it does not continue and 7th Street is in the middle of the Club and a house that is also owned by the Corporation, exits onto the avenue. Circunvalar and at the back it faces the Club’s land.
“What is said is that it is a public road, what is the legal act that gives the State the legitimacy to say that it is a public road? There has to be a legal decision that establishes that it is a good for public use, there is a legal tradition in Colombia that is that the State takes possession of goods for public use in two ways, one because it acquires them through voluntary alienation or expropriation police or administrative.”
For the case in question, there were two antecedents; They found a public deed but it spoke about the acquisition of a strip on 8th Street, then they found another that did speak about the transfer made many years ago by the owner of this land to the Municipality of 259 square meters on 7th Street (according to the plan attached) and there are a total of 1,160 square meters, but at this point there is another factor and that is that there is no plan that says if that measurement is rectangular, square, at the beginning or at the end of the same area.
The Club wants to make it clear specifically that, although they do not agree with certain decisions, they are not in the interest of defending illegality, but they are going to defend their rights, because they do not like legal arbitrariness. “In addition, they are restoring Highway 16 and there is no deed on it. Where does the title to restore the road come from?”
This is the space on Carrera 16, in the background you can see the buildings on Calle 6.
Legal issues
For lawyer Uribe there is a legal basis that is impertinent and inconducive, because the inspector did not support the decision in the deed but instead asked Planning for a concept. “This agency does not do legal analysis, but rather technical ones, because if you look at the decision that confirmed the second instance in Dosquebradas, due to an obstacle of powers and impediments, the decision was based on the questions and answers that were asked and Planning gave.”
Given
The POT and Cadastre say they are roads. But in the Club they argue whether this has legal scope to determine the legal nature of an asset or to determine its ownership.