P.R. Laws tit. 21, § 4453

2019-02-20 00:00:00+00
§ 4453. Municipal assets—Acquisition of property through eminent domain

(a) The municipalities may request that the Governor of Puerto Rico file expropriation proceedings, subject to the general laws that rule said matter. To request that the Governor initiate any expropriation proceeding at least two (2) appraisals made by two (2) real estate appraisers duly licensed to practice in Puerto Rico, or the appraisal of the Department of the Treasury or the Center, must be included.

(b) The municipality may file an eminent domain procedure by itself provided the property does not belong to the Central Government or any of its instrumentalities or public corporations, except through authorization by joint resolution from the Legislature. Provided, That if the property was owned by the Central Government for ten years prior to the date of the request of eminent domain, the action of eminent domain of the municipality shall not contravene the public purpose, if any, for which the Central Government reserved the property in the transfer of ownership. In said case, the request shall be accompanied by at least two (2) appraisals conducted by two real estate appraisers duly licensed to practice in Puerto Rico, or in lieu thereof, a single appraisal by a duly licensed real estate appraiser, ratified by the Department of the Treasury or the Municipal Revenue Collection Center and a registry certification.

(c) In all expropriation proceedings filed by the Governor of Puerto Rico on behalf of a municipality under the applicable legal provisions and for the ends and purposes thereof, the title of the properties or rights object of such proceedings shall be vested in the corresponding municipality, provided it first repays any sum of money paid by the Commonwealth of Puerto Rico by virtue of said expropriation proceeding.

(d) When the municipality exercises its power to expropriate property on its own, within its respective territorial boundaries, its good faith and credit are committed to pay any sum of money determined by virtue of the expropriation proceeding. The good faith and credit of the Commonwealth of Puerto Rico shall be committed solely when the expropriation is initiated through the Government of Puerto Rico.

History —Aug. 30, 1991, No. 81, § 10.003; Oct. 29, 1992, No. 84, § 41; July 11, 1998, No. 121, § 2; renumbered as § 9.003 on Jan. 10, 1999, No. 30, § 3; Aug. 26, 2004, No. 232, § 3; Sept. 7, 2004, No. 258, § 23.