P.R. Laws tit. 28, § 683

2019-02-20 00:00:00+00
§ 683. Withholding or sale

In the case of those usufructuaries who may have violated the provisions of § 553 of this title, the Secretary of Housing shall choose whether to withhold the title deed on these parcels or to sell them.

(a) The Secretary shall withhold the title deed in those cases in which there exist specific plans on the part of the agencies and instrumentalities of the Government of the Commonwealth of Puerto Rico to devote said parcels to a public purpose or use such as: highways, hospitals, schools, recreation areas or any government project or facility. In these cases, and in spite of the confiscation that is established by §§ 241 et seq. of this title, as penalty of the violations of § 553 of this title the Secretary of Housing shall compensate the owners of the buildings existing on said lands, in accordance with § 1164 of Title 31, with respect to persons of good faith who erect on lands belonging to another person.

(b) Except as above mentioned, the Secretary may sell the parcels in accordance with the regulations that to such effect he may adopt.

The determination of the price and the conditions whereby the parcels shall be sold shall be made taking into consideration, among others, the following factors:

(1) The nature, seriousness, motivations and circumstances in which the violation to § 553 of this title occurred.

(2) The use being given to the parcel.

(3) The time the occupant has lived on the parcel.

(4) Financial standing of the occupant of the parcel.

(5) The market value of the parcel, determined, on the basis of an expert appraisal.

In cases where the usufructuary or occupant does not meet the requisite established in the regulations that the Secretary may adopt or where he shows no interest in purchasing the parcel at the price and under the conditions that the latter may fix, the Secretary may sell the parcel to the highest bidder.

History —June 14, 1969, No. 35, p. 60, § 3, eff. July 1, 1969.