General Law

In the analysis of this institution it is necessary to take into account other constitutional precepts that they inform and complement the picture of public interventions on the private estates. In this sense it should be noted that article 195 of the Constitution of Peru establishes local governments to promote development and the local economy, and the provision of public services of their responsibility, in harmony with national and regional development plans and policies, being competent to develop and regulate activities and/or services in education, health, housing, sanitation, environment, sustainability of natural resources, collective transport, movement and transit, tourism, conservation of archaeological and historical monuments, culture, recreation and sport, in accordance with law. There is no doubt that the planning process has been operating a profound change in the direction and this scope of expropriation because of the urgent need for land for the construction of housing and related services, with what the owner often does not have the freedom to decide the use or destination of their goods. In this end urges a constitutional amendment and must establish the regulation of the use of the ground according to the general interest in order to prevent speculation, as the Spanish Constitution has set forth in article 47. In sum, the progressive expansion of limiting administrative powers of economic rights has broken the traditional scope of the expropriation, trimming its scope pursuant to national security and the public need; the justification for this transformation we aboca to a more functional concept of private property in the social context, which is not anything other than the implementation of the general principle of subordination of all wealth in their various forms to the general interest; being constitutional reception one expropriation of the ordinary means for the realization of the welfare state. This is the constitutional context that today the implementation of the General Law of expropriation approved through law No.