TSA annuls ruling ordering compensation for land in Cotubanamá National Park

Santo Domingo.- The Second Chamber of the Superior Administrative Court (TSA) annulled a ruling that had ordered the Dominican State to pay compensation for land allegedly expropriated within Cotubanamá National Park, located in San Rafael del Yuma, La Altagracia. The decision determined that the land in dispute is part of a protected area and public domain property, making it inalienable under the Constitution.

Judges Antonio Sánchez Mejía and Úrsula Carrasco Márquez ruled in favor of an exception of unconstitutionality raised by the General Directorate of National Assets (DGBN), arguing that the one-year deadline established in Article 40 of Law 1494-47 violates constitutional provisions by limiting access to justice in cases involving collective heritage. The court concluded that this article contradicts Articles 6 and 16 of the Constitution, which establish that protected areas are inalienable, unseizable, and imprescriptible.

The TSA overturned ruling No. 0030-03-2022-SSEN-00193, which had favored Sonia Yolanda Cedeño Valdez and Castillo Cedeño, SRL, citing serious legal flaws, including the failure to properly summon the State and the omission of Decree 722-75, which declared the area a protected zone. The court also noted the existence of multiple ongoing lawsuits before the Land Court of La Altagracia, where the State challenges the validity of the land titles and alleges possible fraudulent actions during the regularization process.