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Recent Jurisprudence – Indemnity for Damages Caused by the Establishment of Easements for Transmission Lines

March 10, 2014
Recent Jurisprudence – Indemnity for Damages Caused by the Establishment of Easements for Transmission Lines

Recently, the First Collegiate Circuit Court on Criminal and Administrative Matters of the Twenty-First Circuit published, in the Judicial Weekly of the Federation, case decision number XXI.1o. PA.18 A (10a.), the title of which reads: “Indemnity for damages caused to parcels of land due to the establishment of legal easements from electrical energy transmission lines. The case holds that decisions on quantification reached by the agrarian courts should be conducted in accordance with the terms of Mexico’s federal civil law and not based on the valuation procedures established by the Institute of Administration and Appraisals of National Assets.” In such decision, the Collegiate Circuit Court determined that when authorities of the public administration of the Mexican federal government and of the states are sued before the agrarian jurisdictional courts, they are subject to the authority of such and, therefore, they are placed in the same situation as any other person. The new holding provides that when a lawsuit is filed against the Federal Electricity Commission for damages caused to parcels of land due tothe establishment of a legal easement for electrical energy transmission lines, the quantification should be done in terms of the Federal Code of Civil Procedures, of supplementary application to the Agrarian Law by express reference, and not based on the valuation procedures established by the Institute of Administration and Appraisals of National Assets, given that the latter should only intervene when the authorities of the Federal Executive Branch set, in administrative headquarters, the amount of the indemnity, not when there is a jurisdictional dispute.

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