español term (edited): el propiciar la arbitrariedad

The fundamental sense of the final sentence provided, as I see it, is that the State/Government not be given a material incentive, in effect a reward, for seizing private property arbitrarily. Thus we need a verb a little stronger than 'encourage' or 'favor', one that well conveys the author's sense of an actual incentive. For me, that verb is 'to induce', which I use in substantive form as 'inducement'.

Brevity is the soul of wit and, ideally, of translation, ceteris paribus - but I'm not sure other things are equal here; a phrase like 'arbitrariness on the part of the state' or 'arbitrary exercise of state power' seems necessary here, if a bit wordy. The latter phrase is well established in law and political science; and shows 66,000 Google hits.
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[1] UN High Commissioner on Hum.Rights... "It is important that those regulatory powers of the State should not result in seizure of property without compensation and in "arbitrary" or "illegal" seizure. . . . The legislation of many States and provisions of international treaties provide that no one shall be deprived of his possessions except 'for public purpose' ... also ... that the guaranteed rights may only be interfered with by a State 'subject to the conditions provided by law' and this is intended as a guarantee against arbitrariness on the part of the State.
www.unhchr.ch/huridocda/.../c4848cdb829ae0728025672900520e1...

[2] www.umich.edu "... Equality: collapsing / equalizing the categories of citizenship and forms of participation vis-à-vis the state; Protection: against arbitrary exercise of state power ..."

[3] Royal Canadian Mounted Police. Regulations on Off-Duty Police Conduct. "While the breadth and vagueness of such rules are understandable, they arguably constitute an inducement to arbitrary and discriminatory enforcement." http://www.erc-cee.gc.ca/cnt/rsrcs/pblctns/dscssn/dp7-eng.as...

[4] Congo, Democratic Republic of . . . www.photius.com/.../congo_democratic_republic_of_the_societ...‎ "... who retain a sense of professionalism, the need to feed their families when salaries go unpaid has proved a powerful inducement to abuse of official position."

[5] www.humanrightsfirst.org "We strive... to protect against the arbitrary exercise of state power..."

[6] Countering Terrorism, Protecting Human Rights: A Manual - OSCE www.osce.org/odihr/29103?download=true
Convention for the Suppression of Unlawful Seizure of Aircraft, 1970;... "...arbitrariness on the part of the state.128 ..."

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Note added at 1 day21 hrs (2013-08-25 22:01:54 GMT)
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Ello además ocasionaría la distorsión del propiciar la arbitrariedad del Estado, quien logrando la toma de posesión del bien, perdería interés en el avance del proceso expropiatorio y el pago oportuno de la indemnización. > This would also cause distortion by providing an inducement to the arbitrary exercise of power by the State which, having obtained possession of the property, would then have no interest in advancing the expropriatory process and in timely payment of compensation.