In a landmark judicial decision, the Second Chamber of the Superior Administrative Court (TSA) in Santo Domingo has reversed a prior ruling that mandated state compensation for disputed lands within the Cotubanamá National Park. The court determined that the territory in question constitutes protected public domain property, rendering it constitutionally inalienable.
The judicial panel, comprising Judges Antonio Sánchez Mejía and Úrsula Carrasco Márquez, upheld an unconstitutionality exception presented by the General Directorate of National Assets (DGBN). Their ruling challenged Article 40 of Law 1494-47, which established a one-year statute of limitations for such claims. The court found this provision violated constitutional guarantees of justice access when matters of collective national heritage are involved, specifically contradicting Articles 6 and 16 of the Dominican Constitution that designate protected areas as inalienable, unseizable, and imprescriptible.
This decision nullifies ruling No. 0030-03-2022-SSEN-00193, which had previously favored claimants Sonia Yolanda Cedeño Valdez and Castillo Cedeño, SRL. The TSA identified critical legal deficiencies in the original proceedings, including improper notification of the state and the omission of Decree 722-75 that originally established the area’s protected status in 1975. The court further acknowledged parallel litigation in the Land Court of La Altagracia, where the government is contesting the validity of property titles and investigating potential fraudulent activities during land regularization processes.