The expropriated good shall be acquired free of exactions and liens. However, easements (servidumbres) may be conserved over it, provided they are compatible with the new purpose of the good and there is an agreement between the expropriator and the holder of the easement right.
When the expropriated property bears liens or charges, the judge shall separate, from the compensation amount, the necessary quantity to cancel them and shall disburse the respective amounts to whom it corresponds, after a hearing with the expropriated party and third parties with legitimate interest.
When dealing with transferred easements (servidumbres trasladadas) that exist on the margin of the expropriated property as a lien, but not in the physical reality of the property, the notary shall attest, in the public deed, that the easement does not exist materially and lacks current interest, based on a technical report prepared by the expropriating administration, which shall be sufficient for the National Registry to cancel the entry without further procedure.
In those cases where the owner of the property to be expropriated accepts the administrative appraisal and the property bears limitations imposed by Law No. 4240, Urban Planning Law, of November 15, 1968, and its reforms; Law No. 7575, Forestry Law, of February 13, 1996, and its reforms; Law No. 5060, General Law of Public Roads, of August 22, 1972, and its reforms; Law No. 276, Water Law, of August 27, 1942, and its reforms; Law No. 139, Law of Possessory Information, of July 14, 1941, and its reforms and Law No. 2755, Law on the Location of Undivided Rights, of June 9, 1961, and its reforms, or any other, the Notaría del Estado shall proceed to prepare the corresponding transfer deed in favor of the expropriating administration.
In all these cases, the National Registry, at the request of the authorizing notary, shall proceed to cancel the registration entries on the expropriated property. If it involves segregations, the cancellation shall be made only on the lot to be expropriated.
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