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The plot of the sale of the Army terrain in the commune of La Reina continues. Last Tuesday the bidding process was opened and the result was not encouraging at all for the military institution: There were no interested parties to acquire the cloth, located next to the Military Hospital and valued at $ 25,000 million. The property is the subject of a fierce dispute these days. On the one hand, residents of the commune – supported by the municipality and the independent deputy Tomás Hirsch – reject the sale for fear that a shopping center or apartment towers will be built. Meanwhile, the Army insists that the operation is necessary and urgent, since The funds raised will serve to alleviate the housing deficit of the Santiago Garrison staff.
Last Tuesday, at the municipal council session, the mayor José Manuel Palacios (UDI) -via Focus– reported that from now on a new scenario opens on the future of the property, with respect to which the municipality has also expressed interest. “It is an interesting scenario for our neighbors, because in a way it allows us to enter another level of conversation regarding the future of this Army field,” he said on the occasion.
“Our interest is that the destination that this land finally has is the best for all the neighbors and in the worst case that it does not mean a situation that affects their quality of life and that it is as appropriate as possible in terms of urban development in the area and that must be worked on professionally. Certain determinations must be made, but we have already made progress in this regard, but we must continue to move forward with a lot of energy, because this tender did not actually have offers, but they could eventually raise a tender in a longer time and that is what we want to avoid. If a decision is made regarding that land, (let it) be made hand in hand with the neighbors and of course there with the municipal council, ”said the communal chief.
On this matter, the legal director of the municipality Andrea Diaz He explained that at the express request of the mayor, the corporation was present at the opening of bids and that no bidders appeared. “There were five Army generals and a colonel who were reviewing this matter and what happened is important, because it means that the process starts completely from scratch. It’s a new start”, Said the official.
In the session, the councilor Álvaro Delgado (DC) He stressed that “it means that our actions and those of the municipality had an effect.” Indeed, the lawsuit filed by Deputy Hirsch together with councilors Sara Campos and Delgado, was added a few days ago a new legal action filed by the municipality that seeks to paralyze the sale of the land. This is a public law nullity claim filed before the 19th Civil Court of Santiago, against the Chilean Army, which was accepted for processing and is currently in the notification stage.
In its claim, the municipality warned that “the Army Welfare Command never fulfilled the destination of the property to be sold and that was established in Resolution No. 232 of 1989, that is, for the purposes of the Chilean Army, since we are in the presence of a bristling site that has not been used for years, so the call for public tender for its sale it is inappropriate ”.
The lawsuit – sponsored by the lawyer Simon Yévenes, also vice-president of the UDI- demands “to declare the nullity of Exempt Resolution No. 232 of December 27, 1989 of the Ministry of National Assets, which allocated Lot IV of the Subdivision Plan of the La Reina Estate to the Subsecretariat of War of the Ministry of National Defense. It also requires the nullity of Official Letter N ° 4700/34 of March 16, 1993 of the Chilean Army Administrative Support Command, by means of which Lots A and B that were part of the property called Lot IV must be understood to be registered in the name of the Chilean Army Administrative Support Command ”. And finally, it asks that the CJE Resolution be declared invalid. CAAE (R) N ° 352 of March 1, 1994 and Resolution CJE. CAAE (R) N ° 237 of January 3, 1991, both of the Commander in Chief of the Chilean Army, through which these Lots were assigned to the Patrimony of Fiscal Affectation.
For the municipality, the power to dispose of fiscal real estate destined for the Armed Forces is limited only to those that have been acquired by these institutions according to Decree Law No. 1,113. But this is not the case of the terrain called D-1, located at Avenida Alcalde Fernando Castillo Velasco No. 9,282, since it was assigned according to Resolution No. 232 of 1989, an instrument that only mentions Decree Law No. 1,939 of 1977 as a precedent.
For this reason, the general rule of article 56 of Decree Law No. 1,939, which establishes the use that the institution would give the property, must be applied. However, “If for any reason it ceases to be used for that purpose, it must immediately be made available to the Ministry of National Assets for its proper administration,” the municipality requested in the legal action.
Through a statement, the corporation explained that to prevent the sale of the land, the municipal council agreed to seek to freeze the construction regulations, making use of article 72 of the General Law of Urbanism and Construction. The regulations allow certain lands to be declared in “remodeling zones”, a classification that is aimed at complying with the National Urban Development Policy. In this case, “the corresponding Lot D-1 cloth has not been used for more than 30 years,” the letter said.
Through a statement, the Chilean Army explained to The Third PM that “the alienation of the land located in the commune of La Reina has been framed within the current regulations, in strict adherence to the corresponding Law.”
“Its value was determined through external appraisal companies and the sale process is being carried out through a public tender, whose administrative bases were endorsed and taken into account by the Comptroller General of the Republic, on June 18 this year, “he replied. “Given that the land is limited to the use and purposes that Law 18,712, which approves the new Statute of Social Welfare Services of the Armed Forces of 1988, provides, the resources foreseen to obtain from its disposal would be destined to provide a solution to the critical situation of fiscal housing deficit for lower-income personnel, corporals and sergeants, especially in the Metropolitan Region ”, he concluded.
But not all the news has been positive for the detractors of the sale of the land.
This morning, the minister of jurisdiction of the Court of Appeals of Santiago, Fernando Carreño rejected the replacement proposed by the councilors and deputy Hirsch who sought to establish a precautionary measure to prohibit the Army from holding acts and contracts on the ground. In his decision, the magistrate held that the petition raised “is of an exceptional nature and also of strict law, for which the legislator has established reasons of origin that are serious in nature and also gives the court the power to grant said measure.” .
“This magistracy does not observe the legal circumstances that make it plausible to decree the measure regulated in article 302 of the Code of Civil Procedure, and also the arguments put forward by the procedural actor do not manage to distort what has already been resolved, there is no place for replacement ”, he concluded.
Therefore, in the coming days the State Defense Council, which would assume the legal representation of the Chilean Army, will have to issue its discharges. Also in the coming days, the mayor of La Reina will activate efforts to meet with the Commander in Chief of the Army, Ricardo Martínez Menanteau. The reason for the meeting is dialogue directly with the general and explain the position of the municipality and that the sale of the property does not end up affecting the quality of the neighbors. On the other hand, next week the communal chief will also hold meetings with representatives of the ministries of National Assets and Housing and Urbanism.
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