It is worth mentioning to the reader that although the purpose of this work is aimed at benefiting the municipalities of the department of Caldas that require yellow machinery for the routine maintenance of their roads (through the proposal of a legal alternative), the The cause of this investigation arises from the direct relationship of the researcher with a territorial entity of the department of Caldas (Neira), a municipality that has yellow machinery; however, it does not work (it is obsolete) and due to this, they find it necessary to contract, through inter-administrative agreements, with other public or private entities to obtain the yellow machinery combo and thus meet the aforementioned need. Now, the administrative processes that can be carried out to obtain the combo of yellow machinery, by state entities, become delayed and it is what we call the pachydermy of the State. For this reason, the previous problem induced the need to investigate the rest of the municipalities of Caldas, to identify whether they have said machinery or not, and thus be able to reflect on how viable the proposed legal alternative is. Consequently, the reader will find through the development of the following pages, as a hypothesis as a legal alternative to modify the law: 1801 of 2016 art.105 paragraphs 1, 2 and 3, of the existing procedural model, during the last 3 years, from the term “destroy” (which they use there) adding the word “or transfer” as a “provisional destination” and “loan” to movable property, in illegal mining that may exist in Colombia, for the benefit of the municipalities from the department of Caldas that require this yellow machinery; likewise, with art. 2.5.7.1 of decree 1070 compiling decree 2235 of 2012 (regulatory of art. 6 of decision 774 of 2012). Legal provision that orders the destruction of yellow machinery when it is found in illegal mining activities. For this reason, and as described in each of the chapters and subsections indicated in the index described; the reader will be able to see first-hand the environmental, socio-environmental and socio-economic impacts generated by the destruction of the yellow machinery; similarly, part of the current regulations that protect the environment and others that contradict each other, by allowing the destruction of yellow machinery on the ground when illegal mining by the State is found. Finally, for this reason, from a legal context, "the ability to make decisions" (Hirschman) is used, to hypothesize the legal proposal where the participation of the SAE is necessary through FRISCO (competence defined in article 90 of Law 1708 of 2014, without wanting to claim a process of domain extinction) only that due to the maxims of experience and suitability, exceptionally and preferentially, the aforementioned participation was allowed, under the criminal procedure ( Law 906 of 2004) when the criminal types enshrined in articles 332 and 334A of the recent Law 2111 of 2021 are configured, as long as yellow machinery is found in the procedure carried out against illegal mining and finally; once the above, ownership of the asset (yellow machinery) can be transferred between the requesting department (Caldas) and the special assets company through the legal figure of provisional destination enshrined in article 96 of Law 1708 of 2014 (However, as already said, applied in Law 906 of 2004 CPP).