On December 7, 2015, Decree 2363 “By which the National Land Agency, ANT, is established and its object and structure is established” , was issued , in an effort by the national government to consolidate the new institutional framework that will respond to the challenges of the post-conflict regarding the development of the field and the implementation of the agreements signed in the framework of the peace process.
In general terms, this Agency will guarantee access to land for peasants who do not have it or who have very little and insufficient for their livelihood. For those who do have land but do not have it legalized, the Agency will help you formalize your property. And for those who have land and have it formalized, the Agency will ensure that it is properly used in terms of fulfilling the social function of the land and the environmentally responsible exploitation of it.
The figure of the Land Inspector will also be launched, providing it with all the tools that allow the processes to be closely monitored. However, and to block the way for the corrupt, it will also implement a management open to the public and participatory so that communities in the regions, and in an organized manner, can participate and monitor the actions of the Agency and its officials.
The following are the functions of the National Land Agency:
1. Execute the policies formulated by the Ministry of Agriculture and Rural Development, on the social ordering of rural property.
2. Execute coordination processes to articulate and integrate the Agency's actions with the cadastral authorities, the Superintendence of Notaries and Registry, and other public, community or private entities and authorities in accordance with the policies and guidelines set by the Ministry of Agriculture and Rural Development.
3. Implement the Rural Land Observatory to facilitate the understanding of the dynamics of the real estate market, in accordance with the studies, guidelines and technical criteria defined by the Rural Land Planning Unit, Land Adaptation and Agricultural Uses -UPRA and adopted by the Ministry of Agriculture and Rural Development.
4. Execute in the areas defined by the Ministry of Agriculture and Rural Development, in the sweeping mode, the programs constituting the social property policy of rural property in accordance with the methodologies and procedures adopted for this purpose.
5. Support the physical and legal identification of the lands, together with the cadastral authority, for the construction of the multipurpose cadastre.
6. Validate property surveys that are not prepared by the Agency, provided they are consistent with the new property survey methodology of the multipurpose cadastre.
7. Execute access to land programs, with criteria for equitable distribution among rural workers in conditions that will ensure them improve their income and quality of life.
8. Grant the Comprehensive Agrarian Reform Subsidy, in accordance with the policies and guidelines set by the National Government.
9. Manage the assets belonging to the National Agrarian Fund that are or have been transferred to the Agency.
10. Advance the processes of direct land acquisition in the cases established in the Law.
11. To administer the vacant lands of the Nation, to advance the general and special processes of titling and transfers to which there is place, to delimit and to constitute reservations on these to celebrate contracts to authorize their use and to regulate their occupation without prejudice to what is established in the paragraphs 5 and 6 of article 85 of Law 160 of 1994.
12. Follow up on the processes of access to land advanced by the Agency, in any of its modalities and those that were executed by INCODER or by INCORA, in the cases in which it takes place.
13. Verify compliance with property limitation regimes derived from land access processes, in accordance with the law.
14. Define and constitute the peasant reserve areas and business development zones.
15. Manage land funds in accordance with the law and regulations.
16. Implement and administer the Land Funds information system.
17. Implement databases and information systems that allow the articulation and interoperability of the Agency's information with the National Land Management System. 18. Promote training processes for rural, ethnic and territorial entities for the management of the formalization and regularization of property rights.
19. Manage the extinct real estate that was definitively assigned to INCODER by the National Narcotics Council in order to implement programs for access to land in favor of land reform subjects.
20. Manage the definitive allocation of rural real estate on which the domain extinction action administered by the Fund for the Rehabilitation, Social Investment and Fight against Organized Crime, FRISCO to allocate them to the programs to generate access to land, falls, in accordance with paragraph 2 of article 91 of Law 1708 of 2014 For the final assignment, the guidelines established by the Committee referred to in articles 184.108.40.206.4 and 220.127.116.11.3 of Decree 2136 of 2015 must be followed, once Once the final assignment has been approved, the National Land Agency will be the owner of it.
21. Promote, execute and support, as appropriate, the various judicial or administrative procedures aimed at cleaning up the legal situation of rural properties, in order to obtain legal certainty in the object of ownership.
22. Progressively manage and finance the formalization of lands of a private nature to agricultural workers and poor rural residents in the terms indicated in article 103 of Law 1753 of 2015.
23. Advise citizens in the process of transaction of rural properties.
24. Advance the agrarian procedures of clarification, extinction of the right of dominion, recovery of unduly occupied wastelands, demarcation of lands of the Nation, reversal of wastelands and regulations of use and management of savannas and communal beaches.
25. To arrange with the ethnic communities, through their representative instances, the respective care plans.
26. Execute the plan of attention to ethnic communities, through programs of collective titling, constitution, extension, sanitation and restructuring of indigenous reservations, acquisition, expropriation of land and improvements.
27. Advance the agrarian processes of demarcation and clarification of the lands of the ethnic communities.
28. Delegate, in the cases expressly authorized in article 13 of Law 160 of 1994, the advancement of the procedures of social ordering of rural property assigned to the Agency.
29. The other functions indicated by the law, which by its nature correspond to it.