When the phone of businessman Miguel Barranco rang and a senior official said, Mayor of Enrique Penalosa, He believed he would close one of the most promising real estate deals in town.
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He said the area was of interest. buy 87,901 square meters A few meters from the Llano road, from the Piedra Herrada estate, very close to the first tunnel on the Villavicencio road.
As they reported to him, TransMilenio requested this and other properties for the construction of a strategic patio portal. Integrated Public Transport System (SITP), this would connect Usme to the rest of the city.
This was one of the last decisions of the then mayor Peñalosa, who issued a decree on July 26, 2019. “Existence of extraordinary situations due to public interest and social interest, For the purchase of the Piedra Herrada range”.
Businessman Barranco, president of Inversión y Desarrollo Barranco SA, assures that he has his emails and even certificates. TransMilenio said its property is at a pivotal point. to connect future projects of the public transport system with neighboring municipalities.
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Also, the offer they make is a buyout.
But with Claudia López becoming mayor on February 4, 2020, Urban Development Institute (IDU) issued a resolution amending the terms of the agreement.
“Expropriation order by administrative means in favor of IDB (…) the value of the compensation value of the property subject to expropriation is 3.955 million 548 thousand 150 pesos”, says the document signed by María del Pilar Grajales, the technical director of the properties of this organization.
“Business collapsed. I had to sell properties and lay off employees. We also defaulted on banks after 18 years of 3 A grades. Not counting the wear and tear on my health,” Barranco told EL TIEMPO.
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So your agent James Granados, decided to file a criminal complaint against a handful of District officials, who interfered with the entire expropriation and valuation process, for misconduct by act and omission, ideological lying and even abuse of public office.
Parallel, Proceedings have been initiated in contentious-administrative jurisdiction Trying to overturn regional decisions.
According to the prosecutor’s file, the expropriation price was determined. District Cadastre Special Administrative Unit established certain conditions to determine that the square meter must be paid at 45,000 pesos.
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However, Barranco added two reviews from private experts who said the price was much higher. In addition, the District expropriated real estate near Piedra Herrada for 500,000 pesos per square meter.
To close the gap Bogota 377 District Attorney’s Office ordered an official specialist to examine the assessment of the district cadastre.
EL TIEMPO had exclusive access to the opinion of 28 July 2021, in which expert Eliana Cardona concluded: “The square meter value of the area where the property is located is much higher than the value determined by the Cadastre officer.”
He added that to confirm these values, a market research and relevant commercial assessment should be conducted in the region.
Indeed, on April 18, the prosecutor of the case issued a new commercial valuation decision. EL TIEMPO states that on 19 May, expert Cardona visited the site with Deputy Prosecutor Carlos Espinosa Pulido; and two months later the result was delivered to the courthouse. This newspaper found that the new valuation spoke of 30,857 million pesos.
But businessman Barranco assures that the sentencing process is slow and only two low-ranking District officials have been called to testify.
In fact, on May 26, Personería de Bogotá filed a procedural expedite request before the Prosecutor’s Office 377: “I respectfully request that you give orders and actions that may be relevant to this issue to give procedural impetus to this investigation.”
It is clear to Barranco that District officials are not acting in accordance with the law: “Many irregularities were committed”. Saying that the photos they support the valuation used in the expropriation belong to another neighboring property because they never went to ours.”
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And his lawyer, crime expert Jaime Granados goes even further: “In this expropriation process, numerous acts of corruption by District public officials have been proven, especially ideologically incorrect expert opinion, which led to an absolutely ridiculous amount of compensation, ”says the lawyer in his complaint before the Prosecutor’s Office.
EL TIEMPO consulted IDU when authorized spokespersons were available. They stated that they were unaware of the process that developed in the prosecutor’s office.
Also, if your attorney is defending before the natural person’s natural judge: contentious-administrative jurisdiction.
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In fact, they guarantee that the only technically and legally valid assessment is the assessment by the Cadastre. And they add that this is a legally concluded expropriation. and duly processed (see box).
While slow, the case is advancing in contentious jurisdiction and sentencing. In the latter case, the Prosecutor’s Office ordered new evidence and testimonies to determine whether the District paid a lower value for a strategic property or if the owner had to comply with the expropriation order.
IDU, which ordered the expropriation of Piedra Herrada, announced that they had paid 4.263 million pesos to purchase this and other lots needed for the TransMilenio patio portal. In addition, the administrative action is carried out “under the regulatory framework governing property acquisition processes”.
(See all the stories of the EL TIEMPO Research Unit here)
According to IDU, they have no information about the complaint at the Prosecutor’s Office or about the expert assessment. What they do know is a lawsuit filed by the landlord in a contentious jurisdiction. In this regard, they say that this is their entire guarantee, their claims are resolved, and the assessment (the basis of the purchase offer) is not their responsibility.
“The only legally and technically valid assessment that can be challenged in the administrative and judicial headquarters is the opinion prepared by the Cadastre”. And while unaware of the criminal process, they added, “it will eventually become a breach of trial because the administration of the right to trial, the defense, and the contradiction will be marginalized.”
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I am Bret Jackson, a professional journalist and author for Gadget Onus, where I specialize in writing about the gaming industry. With over 6 years of experience in my field, I have built up an extensive portfolio that ranges from reviews to interviews with top figures within the industry. My work has been featured on various news sites, providing readers with insightful analysis regarding the current state of gaming culture.