at the begining and with the end [/quote999]. I added 999 in orden to this doesn´t work and you can see them.
darmanad said:
Did my suggestion to compensate the villa residents and to provide new alternative housing smack of paranoia?
Yes because you said that they are a risk.
darmanad said:
Exactly what about urban renewal offends you so greatly?
Why should somebody decide for them where and how they should o live? Expats usually complain
when the state interferes on their busisness. Why do you feel with the right to rule over somebody else?
In fact, the way to develop public politics about them must include them on the decision making. This is the way a democracy works respecting rights of people. China, on the other hand, they want to build a damm and they move a 2.000.000 people city just like that.
http://www.cels.org.ar/common/documentos/politica_vivienda.pdf
"La intervención del Estado debe tener especial consideración de la acción
comunitaria, es decir, la intervención directa de los sectores involucrados. Al respecto, y principalmente en lo referente a los derechos sociales, la participación de los propios grupos de individuos resulta imprescindible a los fines de realizar diagnósticos y proponer soluciones creativas frente a situaciones concretas de violación a los derechos económicos, sociales y culturales"
The mayor who solved the problem with a bulldozer was Cacciatore. He also built a wall sorrounding a Villa. Now is knew as Ciudad Oculta. By the way, nobody voted him, he was a dictator.
You can read about Cacciatore here:
http://es.wikipedia.org/wiki/Osvaldo_Cacciatore
You seems to believe that people have rightse only if they are welthy.
That´s why I got so offended.
darmanad said:
but I can tell you uncategorically that I do prefer to see beauty and well being over ugliness and indigence. I would hope every sane person would. What about you?
Well, you should move to Switzerland.
This is not about beauty, this all about people.
darmanad said:
I waited to reply because I thought that surely someone would jump all over your proposal that the state is responsible to provide proper housing. Surely, you can't mean that the state is obliged to use public funds to provide new housing free of charge to all inhabitants including the newly arrived, whether legal or illegal, working or not, chronically engaged in crime or not. How does one get in on this deal? Where is my new apartment?
In fact, I am not proposing anything, as a lawyer, I am explaining you the law of this country. No offense. Law 24.464 created the "federal housing system" with the purpose of creating proper conditions for poor people, in an easy and efficient way, to get worthy houses according to art. 14 of the bill of rights.
http://www.vivienda.gov.ar/fonavi.php
There are different programms about housing. Most of them, the state build the houses and they pay them in stallments with no interest. This is better than wasting money in police and jails.
The case I mentioned about the villas around Gral Paz and Ricchieri, the state provided the supplies, the plans, architects and quality standar certification, the people from the villas the labor force to build their own houses, but now they can build them properly.
If you want to get an appartment, first you have to be under the line of powerty.
darmanad said:
Do you think the state ought to provide cars and food to all as well?
There is an official programm about food:
http://www.desarrollosocial.gov.ar/planes/pa/default.asp
In fact, by law the
flour has a lot of vitamins. This is because poor people eats it a lot: bread, pasta, etc.
Also, children have breakfast and lunch for free at publics school that are in poor places.
Even in t
he US there are food stamps.
darmanad said:
Who cleared the villas? What took their place? Who occupies the structures that presumably replaced the villas? How did they acquire the right to live there?
They own the land, so the state made a deal. You build proper houses, we help you to do so.
darmanad said:
Incidentally, when I observe villa 31 as I drive by it I cannot believe that only 50% of the structures are in violation of some building code or zoning ordinance. Where did you come up with this figure?
I didn´t say that.
darmanad said:
Moreover, is it not the case that these structures are built on land owned by a government entity (city, province, fed) and that all inhabitants are squatters? If so, wouldn't that make them all trespassers? (assuming some AR legal analog to US ownership by adverse possession hasn't been triggered).
Well, no politician will commit suicide trying to kick them out in a country were over 50% of the population is under the line of poverty.
darmanad said:
Are they entitled to stay forever without seeking some formal change in visa and/or citizenship status? Are they entitled to receive welfare and other free public benefits forever without such a status change? Interesting if that is so.
Yes, they are.
darmanad said:
I have to take your word for it on the taxes law though I confess I find it kind of strange, that a worker who works off the books is immune from any and all taxes quite apart from any criminal violations.
A worker is not a criminal. An a worker doesn´t have the possibility to chose where to work. The one who has to pay the taxes is the employer, so, if he doesn´t do it, he is stealing to the worker his retirement and health insurance and the state for the taxes.
darmanad said:
I can understand the absence of criminal sanctions, but are you sure the employee has no civil tax liability?
100%
darmanad said:
Apart from tax issues, what about the municipal services that the villa residents receive without proper payment? Are other paying citizens subsidizing their gas, lights, water, etc?
Well, they pay IVA when they buy food.
darmanad said:
Well, that's a pretty broad statement. I am sure you mean to qualify the rights and the people who are entitled to them in some way, e.g., age, citizenship, legal status in the country, whether they are fugitives from justice, etc.
I meant exactly that. And this is according to law. Foreigners and citizens have same civil rights. There are not such a thing as illegals in this country. To live irregular makes you an inhabitant, you have same civil rights than citizens. After some years, you can be deported only if you are a public danger. People lose some civil rights only after a criminal sentence over 3 years of jail but only while they are in jail.
darmanad said:
Additionally, exactly how do you define the actul bundle of rights to which all humans in AR are entitled simply by virtue of their humanity? Does your definition include the right to decent free housing, together with free municipal services to all people including new arrivals and all illegal residents? Is that current law or just your definition?
The bill of rights entitle to the same civil rights than a citizen have "to all those men who wish to live in our territory".
darmanad said:
I did not propose "to just kick out" the residents of the villas who own land and buildings by virtue of the law of "usucapion" (known in US law as ownership by adverse possession). I proposed that a govt entity acquire the land by means of eminent domain which I am theorizing exists in AR as it does in US law. Eminent domain is the process whereby the govt forces a sale in order to construct a project deemed to be for the public good. The govt is required to pay the seller the fair market value of the property. This assumes the villa residents do have property rights. In eminent domain the property owner has the right to adjudicate both the need for the public taking and the amount of compensation.
Well, this exist here but you need a) A congress law with an special mayority. This means you need more % of votes than a regular law b) public good c) To pay a fair price market. Nobody wants to pays for it because this is too expensive.
To make the city nicer can be done by building proper buildings for these people, that`s why this is very difficult to get (eviction).
darmanad said:
Do we have some some misunderstanding about what public land is? I understand it to be land owned by the government (local, provincial, federal, etc.) or an agency thereof as opposed to private interests. The governement may sell public land to developers as part of an urban renewal plan - like Puerto Madero.
Puerto Madero was a scum. Menem was the most corrupted President we ever had. Usually, when public land is sold is regarding to corruption. Specially when this is so expensive.
So, should we spend some billions dollars in relocatirng this people just for selling this land for peanuts to Macri himself to develop a nice place and making a lot of money using the tax I pay?
Regards