P.R. Laws tit. 21, § 4460

2019-02-20 00:00:00+00
§ 4460. Municipal assets—Sale of paths or pedestrian walkways

The municipalities may sell the existing paths or pedestrian walkways in the urbanizations without the requirement of a public bidding procedure, to the owners of the property immediately adjoining said paths or walkways.

The legislature shall determine the selling price in each case, according to the appraisal that is most beneficial to the municipality. To such ends, it shall establish a summary appraisal procedure which shall require at least two (2) appraisals performed by two (2) real estate appraisers duly-licensed to practice as such in Puerto Rico. The buyer shall not need to obtain an appraisal of the property and may accept the appraisal of the municipality, if he/she so desires. This requirement shall be applicable in those cases in which the size of the lot to be sold is larger than one hundred (100) square meters. For lots whose size is less than one hundred (100) square meters, the legislature may sell them for the price of one dollar ($1) insofar as the remaining provisions of this section are complied with.

The appraisal determined by the municipality for such purposes shall be effective for two (2) years, unless special circumstances make it obsolete.

The Permit Management Office shall authorize the closing of each path or pedestrian walkway by a resolution to such effects, which shall be issued no later than twenty (20) working days after the date of the municipality’s petition for its closing. If said authorization is not issued within said term, the municipality is authorized to continue the procedure for the closing and sale of said paths or walkways.

In those cases in which the path or pedestrian walkway is subject to an underground or aerial easement, whether by the Electric Power Authority, the Aqueduct and Sewers Authority, the Puerto Rico Telephone Company, or any other public agency, the purchase of the land by the adjacent owner shall depend on the authorization granted by said agency to him/her, according to the safety standards and the protection of the rights of said public agencies. This right shall be stated in any purchase and sale deed signed by the municipality.

With the purpose of having said deed registered in the corresponding section of the Property Registry, the municipalities of Puerto Rico are hereby authorized to segregate the parcel of land destined to a public path or pedestrian walkway from the main farm in which the urbanization is located, as required by the Permit Management Office, and to transfer said parcel of land directly to the adjoining owners who are to acquire it. In those cases in which a lot is sold for the price of one dollar ($1), the acquiring parties shall defray all the costs of said sale.

History —Aug. 30, 1991, No. 81, § 10.010, renumbered as § 9.010 on Jan. 10, 1999, No. 30, § 3; June 17, 2000, No. 101, § 1; Nov. 22, 2009, No. 153, § 3.