P.R. Laws tit. 15, § 868

2019-02-20 00:00:00+00
§ 868. Authorization to seize and acquire lands

The Puerto Rico National Parks Company is hereby directed to carry out the acquisition of private farms through of negotiation or eminent domain, and the alienation and transfer of public farms, if any, at gratuitous title, which comprise the zone designated as the Tanamá River Karst Zone National Park, as well as the patrimonial property and any other interest or right held by any person or entity, or any other tangible property rights over such farms for their preservation for the uses established in this chapter. Any land acquired by non-public entities for purposes of conservation shall not be considered in the expropriation plans of this chapter.

Likewise, the Company may acquire lands by donation, transfer, purchase, exchange or any other mechanisms allowed under the law within the Park limits. However, if there is a farm whose title is property of the State or of any political subdivision thereof, said farm may be acquired only by donation.

Those uses within the lands of the Park whose protection is established by this chapter may continue to operate, provided that the following conditions are complied with:

(1) That the National Parks Company establishes that the land subject to said use does not affect the integrity of the park resources that is to be protected and which cannot be reverted.

(2) That the existing use does not adversely affect the land of the Park or its surrounding areas.

The Planning Board, in coordination with the National Parks Company, shall establish the appropriate procedures for the interested parties to request permits for the continuation of the established use and the term therefor by regulation. Those uses existing within the land of the Park whose protection is established in this chapter and whose continuation is not authorized pursuant to the procedures established in this section shall be eliminated within a term of two (2) years as of the denial to continue operations. The National Parks Company shall not conduct eminent domain procedures against residential areas or farming projects authorized by the Department of Agriculture.

The National Parks Company shall not initiate eminent domain procedures to acquire land until all possible efforts to acquire such lands through direct purchase negotiations with the owner of the property have been exhausted.

History —Sept. 21, 2004, No. 395, § 9.