When Is the Economic and Social Function Verified on Agricultural Land?

Who carries out the verification of the social function?

The entity in charge of this procedure is the National Institute of Agrarian Reform, which acts within the scope of its authority to supervise, control, and regulate the use of agricultural land.

Its intervention may take place in different administrative proceedings, such as land regularization, reversion, or expropriation of rural property.

Ex officio verification

Direct identification of non-compliance

The INRA has permanent monitoring systems that allow it to detect properties that do not comply with the social or economic-social function. When irregularities are identified, the authority may initiate the process without the need for an external complaint.

Signs detected during land regularization

During technical territorial review processes, the authority may identify specific areas where there are signs of non-compliance. In such cases, an administrative procedure is activated to verify the actual situation of the property in the field.

Presence of forced labor or servitude

If there are signs or reports evidencing practices such as servitude, forced labor, or similar forms of abuse, the authority must act immediately. These situations amount to absolute non-compliance with the social function because they violate fundamental rights recognized in the Political Constitution of the State and in international human rights treaties.

Verification initiated by complaint

Complaint by public entities

Various public institutions have the duty to report possible non-compliance. These include, among others, the Authority for the Supervision and Social Control of Forests and Land and the National Service of Protected Areas, which must communicate such facts to trigger the corresponding procedures.

Complaints by social organizations

Agrarian organizations and social participation bodies exercise oversight over land use. They may request the review of properties when they believe the land does not fulfill its social purpose.

Complaint by private individuals

Any person may file a complaint, provided they supply sufficient information to identify the property, its holder, and the facts showing non-compliance. This strengthens social oversight and promotes greater transparency in land administration.

Initial stages of the procedure

Once the process has begun—whether ex officio or by complaint—the authority issues an administrative act formally opening the case. Afterwards, a date is set for a hearing in which evidence is received and a direct field verification is carried out.

This inspection is essential because it allows the authority to objectively confirm the condition of the property, its level of production, and the conditions under which the agricultural activity is being carried out.

In summary, verification of compliance with the social or economic-social function does not depend solely on third-party initiative, but also forms part of an active duty of the public administration. This mechanism ensures that land fulfills its productive purpose, respects labor rights, and contributes to the sustainable development of the rural environment.