Land sales: Kirchnerism in the Senate seeks to reinstate the 2011 law and the 15% cap on foreign ownership

The head of the Kirchnerist bloc in the Senate, José Mayans (Photos: Gustavo Gavotti)Hours before the Supreme Court ruling that left —without a ruling on the merits— Article 154 of the mega Emergency Decree (DNU) 70/2023 without effect, Kirchnerist and Justicialist senators presented a bill to immediately restore the full force of the Rural Lands Law (26.737), which imposed a 15% limit on foreign ownership. The initiative was signed by the top leadership of the bloc: its head, Formosa's José Mayans, the Cristina supporter Juliana di Tullio (Buenos Aires), and the head of the Federal Social Justice caucus —with two members— San Luis's Fernando Salino. "Soil is not a mere commodity subject to the laws of supply and demand, but a strategic, finite natural resource closely tied to national security," the legislators argued. The move comes as no surprise. What is striking is that, knowing that an injunction could be blocked —or not— once the Supreme Court took up the case, as happened, the Kirchnerist bloc did not raise this issue when the finely crafted law on the inviolability of private property was approved in the upper chamber weeks ago. In other words: at a moment of Milei's weakness, Peronism failed to take advantage and settled for a victory that is now ephemeral. Now it seeks to patch that up and, along the way, criticize the nation's highest court. It is worth recalling that, ahead of a very complex session and an almost total defeat for La Libertad Avanza (LLA) in the Senate, the government had to remove entirely the chapter on the sale of land to foreigners. And, during the session on the floor, the amendments to the Fire Management Law also fell through, which meant the continuation —for decades— of the prohibitions pushed years ago by Máximo Kirchner. The Cristina supporter Juliana di TullioThe other remaining question is that, although it concerns a single article, the upper chamber already rejected DNU 70/23 in its entirety and the matter is enjoying a comfortable nap in the Chamber of Deputies. In fact, these rules receive special treatment through the bicameral Legislative Procedure committee. "It is necessary to emphasize that Law 26.737 did not proscribe productive foreign investment, but rather set reasonable limits consistent with the comparative legislation of major countries such as the United States, Brazil, France, or Australia," the senators argued. Mayans, di Tullio, and Salino added: "It is precisely in the absence of a judicial ruling on the merits of the constitutionality of the rule that this National Congress must urgently and without delay assume its institutional role as guarantor of the public domain and of constitutional legality. It is not for the Judicial Branch to legislate on the political convenience of the land ownership regime, but it is an unavoidable responsibility of this Legislative Branch to repair the vulnerability to which the national territory has been exposed." The rule to which the Cristina supporters and pro-K ranks refer established that persons or companies of the same nationality could not concentrate more than 30% of that foreign quota. In addition, it limited to 1,000 hectares in the core farming zone —or an equivalent area, depending on location— the land that could be held by a single foreign owner. Beyond the developments of recent hours, the truth is that the upper chamber has no activity this week and not much is expected for the next, due to various trips by legislators around the world. The accumulation of frequent flyer miles tends to delay parliamentary business. Another problem would also be added: giving timely notice of possible absences so that the vice president and president of the Senate, Victoria Villarruel, can authorize, with justification, changes in committees. Some time ago she grew tired of it and shut off that tap.