The usufruct in force under the provisions of this chapter shall expire automatically five (5) years from the date it was established, except that the municipality involved may have the option of approving a new resolution to request an extension of the usufruct on the piece of land involved for five (5) additional years, of which the titleholder of the lot must be notified sixty (60) days before the expiration date of the usufruct granted.
During the subsequent five (5) years periods in which the municipality involved requests, through a resolution, the extension of the usufruct of a lot, the government entity which is the titleholder thereof must answer the request of the municipality within thirty (30) days after having been notified in said request, thus automatically extending the duration of the usufruct on the piece of land involved, for an additional period of five (5) years, if the answer of the government entity involved is not negative; but a refusal from the government entity which is the titleholder of the piece of land may only be based on one (1) or several of the reasons set forth in subsections (a)–(d) of § 1093b of this title; or on the fact that the petitioning municipality has not used the piece of land involved during the period of effectiveness of the right to usufruct previously granted for the purposes provided herein.
If, during the last five (5) -year period, the municipality deems it convenient to keep the use of the usufruct for passive recreation and the government entity in question may thus grant it, they may reach an agreement with regard to the usufruct.
History —June 14, 1980, No. 142, p. 530, § 4; Dec. 30, 2010, No. 223, § 2.