Every work, project, personal or real, corporeal or incorporeal property with its corresponding accessories, which the Company may deem necessary to acquire, use or administer, shall be declared of public utility by this chapter and they may be condemned by the Company or by the Commonwealth, at its request, without the previous declaration of public utility.
When, in the judgment of the Company, it should be necessary to take immediate possession of the property to be condemned in Puerto Rico, it shall request the Governor who, on behalf of the Commonwealth of Puerto Rico, shall acquire them. The Governor shall have the power to acquire, by any means authorized by law, for the use and benefit of the Company, the property and real rights which may be necessary and proper to carry out the purposes and objects thereof. The Company shall in advance place at the disposal of the Commonwealth of Puerto Rico, the necessary funds which may be considered as the value of the property or rights to be acquired. The difference in value which may be decreed by the court may be paid by the Commonwealth Treasury, but the Company shall be bound to refund the difference to the latter. Once the full refund is made, the title of said property shall be transferred to the Company, by order of the court, upon evidence to that effect. In such cases where the Governor deems it necessary and convenient that the title over the property or rights thus acquired be directly registered in favor of the Company to expedite the accomplishment of the objects and purposes for which it was created, it may so request the court at any time within the condemnation proceeding, and the latter shall so order. The power conferred hereunder shall not limit or restrict, in any manner whatsoever, the Company’s own power to acquire property.
The condemnation proceedings instituted under the provisions of this chapter shall be prosecuted in accordance with the provisions of §§ 2901—2913 of Title 32.
History —June 18, 1970, No. 10, p. 413, § 13.