Article 125: Public Utility

The State will ensure that a holder of a Mining Title or Authorisation obtains the consent from the landowner or its successors, as soon as it is necessary. In the absence of consent from the landowner or its successors, the State may, in accordance with the regulations in force, impose an adequate compensation in advance, and the obligation to permit work to be carried out on its property without obstruction. The price of land or compensation owing as a result of the establishment of easements or other dismemberments of real rights or occupation, is determined as for expropriation.

When the public interest so requires, the holder of the Mining Title or Authorisation may undertake to expropriate buildings and land necessary for the mining work and the facilities essential for the mining operation, in accordance with the conditions set forth in the legislation in force.

The compensation due for expropriation for public utility under this Article shall not, under any circumstance be less than the full amount provided for compensation relating to rights of owners set out in Article 124 above.