The ownership transfer of the patrimonial real estate shall be subject to the following restrictive conditions for the municipalities:
(a) The municipality is hereby bound to maintain the use of the sports and recreation facilities as previously designated for each facility.
(b) The municipality is hereby bound to notify by certified mail to the Department, as interested party, all matters or procedures related to changes in the use and the constitution of lien or alienation of any patrimonial property to be transferred by virtue of this chapter. This notice must be given prior to any transaction leading to changes as to the use, encumbrance or alienation of the property.
(c) The consideration of the Department shall be deemed as having the force of law regarding the final resolution about the changes as to the use, encumbrance or alienation of the transferred property.
(d) If the Department refuses the change in use, encumbrance, or alienation of the property, the municipality shall use and maintain the patrimonial real estate acquired by virtue of this chapter for the same purpose for which it was acquired. However, if the Sports and Recreation Department has previously approved a request from the municipality to such effects, the latter shall make the change in use, encumbrance, or alienation. The Sports and Recreation Department shall notify the municipality of whether its request has been accepted or denied on or before sixty (60) days after the date such request was made.
(e) Should the municipality fail to comply with the maintenance and beautification efforts, or make any changes as to the use and the constitution of lien or alienation of the property without first consulting or obtaining the consent of the Department and in detriment to the purpose of the sports or recreation activities, the ownership and administration of the patrimonial property transferred by virtue of this chapter, shall revert to the Department through a decision of the General Court of Justice of the Commonwealth of Puerto Rico.
(f) The legal liability for damages caused by noncompliance with any of the conditions imposed in this section, should there be any for a third party or for the Department, shall be settled by the municipality except when otherwise determined by the General Court of Justice of the Commonwealth of Puerto Rico.
History —Aug. 17, 2001, No. 120, § 7; Dec. 30, 2010, No. 228, § 1.