P.R. Laws tit. 17, § 43

2019-02-20 00:00:00+00
§ 43. Housing Authorities law—Power of eminent domain; condemnation

Any authority shall have the right to acquire by the exercise of the power of eminent domain any real property or easement of any kind on same which it may deem necessary for its purposes under §§ 31—38, 39—45, 46—55 of this title after the adoption by it of a resolution declaring that the acquisition of the real property and/or easement on same described therein is necessary for such purposes; Provided, That the said real property and easements are hereby declared of public utility and necessity. Any authority may exercise the power of eminent domain pursuant to the provisions of an Act entitled “An Act to provide for the condemnation of private property for the purposes and under the conditions therein named”, approved March 12, 1903, §§ 2901—2913 of Title 32, and acts amendatory thereof or supplementary thereto; or it may avail itself of the power of eminent domain in the manner provided by any other applicable statutory provisions for such condemnations. The authorities are hereby further empowered to request from the Governor of Puerto Rico the prosecution of eminent domain proceedings in behalf of the Commonwealth of Puerto Rico, or the intervention of the Commonwealth of Puerto Rico in eminent domain proceedings already filed by any authority in connection with properties or rights necessary for their purposes, and the Commonwealth of Puerto Rico, represented by the Governor of Puerto Rico, is hereby authorized to prosecute or intervene in such proceedings. Hereafter no housing authority may obtain the title or possession of property condemned in accordance with § 2907 of Title 32, unless the eminent domain proceedings are filed by the Governor of Puerto Rico in behalf of the Commonwealth of Puerto Rico, or that the Governor, in behalf of the Commonwealth of Puerto Rico intervenes in the proceedings already filed by the proper authority, in accordance with the powers conferred upon him by this section. Property already devoted to a public use may be acquired in like manner, but no real property belonging to a municipality, the Government of Puerto Rico, or any agency or instrumentality thereof, may be acquired without the consent thereof.

History —May 6, 1938, No. 126, p. 253, § 12; Apr. 26, 1941, No. 41, p. 582, § 1; May 9, 1950, No. 258, p. 672, § 1.