Mining Pipeline
Pipeline installation crossing third-party areas is dependent, in addition to the appropriate environmental and regulatory licenses, upon the constitution of passage easement over third-party properties. Such easement depends on the area to be occupied being declared of public utility and is constituted via the payment of the indemnity to the area’s owner, as a result of the constitution of the easement. The indemnity is calculated on the basis of the losses directly suffered by the owner, in addition to the lost profits resulting from the installation. Under article 60 of the Mining Code, if there is no agreement as to the amount of the indemnity, the carving concession holder is entitled to make a judicial deposit of the amount set as indemnity after an impartial inspection of the area. In this case, a judge may issue the appropriate order on the ownership of the area, should it be necessary.