P.R. Laws tit. 22, § 204
All municipalities and political subdivisions of Puerto Rico, notwithstanding any contrary provision of law, are authorized to grant and convey to the Authority, upon its request and upon reasonable terms and conditions, any property or interest therein (including property already devoted to public use) which the Authority may deem necessary or convenient to effectuate the purposes of the Authority. The Authority shall have the right and power to construct or place any part or parts of any of its undertakings across, in, over, under, through or along any street, public highway, or any lands which are now or may hereafter be property of the Commonwealth Government or any municipality or political subdivision thereof, without obtaining any franchise or other permit therefor. The Authority shall restore any such street, highway, or lands, as nearly as may be, to their condition or state at the beginning of the work, and shall not use the same in a manner to impair unnecessarily their usefulness.
When it becomes necessary to relocate installations or undertakings of the Authority on the public highway or in any other place by reason or as a result or consequence of the execution, construction, expansion, repair or improvement of a public work undertaken by the Department of Transportation and Public Works, or by any other government agency, public corporation or municipality, including the Government of the Capital, the cost of such relocation shall be considered a part of the cost of such public work and shall be paid or reimbursed to said Authority by the corresponding entity executing the work, according to the system in force with respect to payments belonging to the execution of a public work; Provided, That when the federal government may make any contribution toward defraying such expenses of relocation, the requirements necessary to make possible such contribution shall be met; and Provided, further, That if the relocation is used for an improvement or expansion of the affected system, the Authority shall assume the resulting additional cost.
Provided, That upon building the underground distribution systems within the territorial limits of any municipality, when it is necessary for the optimum development thereof, or when the Electric Power Authority builds new installations, any agency, public corporation or private entity whose lines are installed on the posts of the electric system owned by the Authority, it shall be required to remove them within the term provided in this chapter, without impairing the previously contracted obligations.
The Authority or the government entity that proposes the work shall notify the agency, public corporation or private entity of its intention to build or install new facilities underground, at least one hundred twenty (120) days prior to executing the work; the entities thus notified shall inform the Authority and the municipality of its acceptance to participate along with the proponent of the work, of the process or development of the underground installation or its development, within the term of thirty (30) days from the receipt of the notice remitted by the Authority or the proponent of the work. The development shall include, but without being limited to the study, design, construction, inspection and installation of the service. If the entity should opt to not participate of the underground installation process along with the Authority or corresponding government entity, it must then remove its cables within the non-renewable term of ninety (90) days from the end of the term provided for its answer regarding its acquiescence to participate in these processes.
If the agency, public corporation or private entity accedes [sic] to participate in the process of developing or installing the cables underground in conjunction with the developer of the project, and subsequent to its confirmation decides that it will not comply with the works as agreed, it shall have the obligation to thus notify it, and shall remove its cables within twenty (20) days after its refusal.
It shall be the obligation of these entities, once notified, to participate in the development of the work and perform the underground installation of the power lines within the term described, in coordination with the Authority or the proponents of the work, or remove them at their own cost. If they do not participate in the development, underground installation or removal of the cables within the established term, said entities shall be imposed a penalty equal to two hundred and fifty thousand dollars ($250,000), or three times the cost of the underground works, or the construction of a new installation of the electrical system, whichever amount is greater; furthermore, in said case, the proponent party of the project shall be liable for the removal thereof, chargeable to the corresponding agency, public corporation or private entity. Once the cables that belong to said entities have been removed, no further liability for damages shall be imposed, unless there is negligence, on the party in charge of the works for losses of any nature caused to third parties or suffered by said entities as a direct or indirect result of the transfer or removal of its cables and the posts owned by the Authority on which the same are installed.
History —May 2, 1941, No. 83, p. 684, § 14; Apr. 8, 1942, No. 19, p. 330, § 1; June 6, 1960, No. 58, p. 92, § 1; Aug. 9, 2002, No. 145, § 1; Jan. 1, 2003, No. 28, § 1.