Senate Approves Bill Of Conversion Resulting From The Provisional Measure On Land Regularization

The Bill of Conversion 12/2017 ("Bill"), authored by Senator Romero Jucá, was approved Wednesday, May 31, by the Senate, stemming from the Provisional Measure No. 759/16 ("MP 759"), already approved by the House of Representatives on May 24. The Bill regulates rural and urban land regularization, among other measures, and among the main changes brought by the Bill in relation to the text of MP 759 are included:

the increase in the target public of land regularization in areas owned by the Federal Government, within the scope of the Amazônia Legal ("Legal Amazon"), as addressed in Federal Law No. 11.952/2009. According to the text of MP 759, one of the requirements for the regularization of occupancy is the proof provided by the occupant in relation to the occupation, as well as the direct, reserved and peaceful exploitation of the property prior to December 1, 2004. Considering the amendment proposed by the Bill, occupations prior to July 2008 will be eligible for the procedure. changes of the rules regarding the direct sale of residential properties owned by the Federal Government or, its entities from the indirect administration. According to the Bill, occupations after July 22, 2008 will be eligible (from the text MP 759/16, occupations after December 1, 2004 would be eligible). The limit concerned with the area of eligible properties was significantly increased, as stated in the text of the Bill, increasing from 1,500 to 2,500 hectares. possibility of acquisition of rural lands located outside the Legal Amazon and owned by the Federal Government and the National Institute of Colonization and Agrarian Reform (INCRA) by their occupants with waiver of bid proceeding. The price for the referred proceeding will follow the same criteria applicable to the properties located in the Legal Amazon. direct sale of properties under emphyteuse regime and those registered in occupation, observing the established requirements. accountability of the seller for collecting the amount correspondent to the transfer duty 'laudêmio', in the onerous transfer between inter vivos of the use domain and the registration of occupation of land owned by the Federal Government, or cession of rights related to them. With respect to the fine imposed as a result of the non-communication to the Federal Properties Management Office (SPU) about the onerous transfer, the rate increased from 0.05% to 0.5%, calculated with a basis on value of the land, excluding improvements...

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