nova esperanca access

I have come across a court case that explains why there has been no drilling on Nova Esperanca (Permit 7555) to date.

It appears there has been an access dispute with the landowners as evidenced by the following proceedings lodged in the Para law courts. Golden Valley Mining is Vale Dourado Mineracao Ltd which controls all the Western Properties except for two. As usual, the Google translation is a bit funny in places but is good enough to understand what transpired.


25/03/2013 APPLICANT: GOLDEN VALLEY MINING LTD Representative (s): TORQUATO FREDERICK FIELDS (ATTORNEY) REQUIRED: SERGIO BRAGA. Viewed DECISION etc.. Take care of yourself Lawsuit filed by Golden Valley Mining LTD in face of Sergio Augusto de Almeida Braga, requiring seizure of the land in the area owned by the defendant in order Permit was granted by the National Department of Mineral Production for mineral exploration in the area Farm Union, located in the Municipality of North Water Blue / PA. Understanding these legal requirements, strives for anticipating the effects of guardianship and, in the end, the origin of the request. Instructed exordial with documents fls.
Decision.
For the purpose of grant of protection in cases where there's injunction request immission in possession, the illustrious masters Nelson Nery Junior and Rosa Maria Andrade Nery manifest in enlightening lesson that it pays to be transcribed. Let's see what they say immission held. Another situation that admits the anticipation occurs when the author has preliminary contract of purchase and sale of property in which there is clause deadline for delivery of the goods. If the deed and paid the price and the property is not delivered, the author may bring an action for possession and immission in order, first, to anticipating the effects of tutelage. Here's proof of the claim (document proving the date for delivery of the property and deed evidencing the payment of the price and the transfer of the domain), so that anticipation requested the judge should grant it. (In Commented Code of Civil Procedure, 3. ª ed., RT Ed, p. 548/549). (Emphasis added). In this case, these requirements remain fully proven, since the assignment of rights for exploration of copper ore is abundantly demonstrated (pages 33 and ff.) The periculum in lives translates into temporal lapse granted by the Permit issued by the Federal Agency for the exploitation of mining activity, depending on which check is already in progress. Therefore, in my view, is entitled to the possession immission pled by the author because, besides met the requirements to own immission in possession (authorization by DNMP through the Permit no. 7555, which constitutes the proof of the claim) if won the author the measure would not be irreversible, because the defendant has the right to compensation for damages suffered.

As TP has famously said. It pays to have a good lawyer if you want to do business in Brazil.