The Supreme Court ruled in favor of the State a lawsuit filed for the domain of the Cejar and La Piedra lagoons, located near San Pedro de Atacama, Antofagasta Region, after an Atacameño community claimed their ownership.
The highest court of the country rejected an appeal for cassation filed by the Atacameña de Solor Indigenous Community against the ruling issued by the Antofagasta Court of Appeals, dated August 29, 2019, which reversed the ruling of the First Court of First Instance of that city and rejected the demand in all its parts.
The first instance ruling had ordered the Treasury to transfer to said community territories in which both lagoons are located, an area of more than 4,300 hectares.
Through civil action, the Community established in 1995 sought to register the territory that, in its opinion, belonged to them, in the context of the plan for the reorganization of Aymara and Atacameño land titles initiated after the promulgation of Law 19,253 on Protection, Indigenous Promotion and Development.
During this process, topographic and perimeter surveys were carried out, in addition to requesting the State to commit to solving the historical debt with the indigenous peoples.
When answering the demand, the State Defense Council disputed the facts presented by the community, indicating that the State has complied with its legal mandate, responding to the demands made by it and delivering a total area of 5,092 hectares, which has been materialized through the transfer of ownership of two public properties and the long-term free concession of another property, through supreme decrees issued in 2001 and 2004.
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