P.R. Laws tit. 12, § 785e

2019-02-20 00:00:00+00
§ 785e. Person who can be holders of an easement

(a) The following shall be deemed persons eligible to be easement holders:

(1) The Commonwealth of Puerto Rico, or

(2) a non-profit organization whose main purposes or functions include the protection or conservation of an area of natural value or a property of cultural value. Such entity must be a bona fide organization and at least ten (10) years must have elapsed from its foundation. The Department of the Treasury shall establish a public registry of nonprofit organizations that apply and meet the aforementioned requirements to be considered as persons eligible to be easement holders.

(b) a nonprofit organization that meets all of the following requirements:

(1) Having obtained and maintained the certificates from the Department of the Treasury for nonprofit entities.

(2) That its main function and purpose is the protection or conservation of an area of natural, agricultural, or cultural significance.

(3) That it is a bona fide entity which has been actively operating for at least ten (10) years, and which has been recognized in Puerto Rico for its work in the conservation of areas of natural, agricultural, or cultural significance.

(4) Having obtained and maintained the accreditation of the Land Trust Alliance, which includes entities that have the necessary resources to responsibly and adequately conserve the properties donated to them, or the conservation easements of which they are holders. The Secretary of the Treasury may establish through regulations the process to be followed by nonprofit organizations in the event that the Land Trust Alliance is dissolved.

(5) Be registered in the Department of the Treasury as an entity that can be a holder of a conservation easement.

The Secretary of the Treasury shall establish a public registry for nonprofit organizations that meet the aforementioned requirements. Nonprofit entities that wish to be considered as qualified to hold a conservation easement shall file an application with the Secretary of the Treasury who shall issue a certificate to such effects to those organizations that meet the requirements established in this section. The Secretary of the Treasury shall establish the procedure to enforce this requirement through regulations or circular letter.

History —Dec. 27, 2001, No. 183, § 8; June 4, 2004, No. 138, § 2; July 12, 2011, No. 127, § 2; Nov. 17, 2015, No. 187, § 73, eff. Jan. 1, 2016.