P.R. Laws tit. 25, § 3051g

2019-02-20 00:00:00+00
§ 3051g. Statement of public benefit; acquisition of properties

(a) All personal or real property and all rights or interests on the same the Authority may deem necessary to acquire to achieve its purposes are hereby declared to be of public benefit. Said assets may be expropriated without the prior statement of public benefit provided in the process of eminent domain. The process of eminent domain may be initiated directly by the Authority in its own name or at the request of the Authority when the Board may deem it convenient. It may be initiated following the procedure described in subsection (b) of this section. The eminent domain procedures initiated by virtue of the provisions of this chapter shall be transacted in the manner provided by this chapter and according to the provisions of the laws of the Commonwealth of Puerto Rico related to eminent domain.

(b) At the request of the Authority, the Commonwealth of Puerto Rico shall have the power to purchase, be it through an agreement or through the exercise of the power of eminent domain, or through any other legal means, any property in the Naval Station at [sic] or at no more than five hundred (500) meters of the latter or interest on the same that the Board may deem necessary convenient for the purposes of the Authority. The Authority may put in advance at the disposal of the Commonwealth of Puerto Rico those funds that may be needed to pay for said property and once the same has been acquired, it may reimburse to the Commonwealth of Puerto Rico any amount paid which had not been previously delivered. After the Commonwealth of Puerto Rico has been reimbursed the title of the property thus acquired shall pass to the Authority. The Secretary of Transportation and Public Works, with the approval of the Governor, may make those arrangements he/she may deem proper for the exploitation and control of said property by the Authority during the period which may elapse before said title has passed to the Authority. In those cases in which the property was acquired with funds of the Commonwealth of Puerto Rico and the Authority should lack the funds for totally reimbursing said funds to the Commonwealth of Puerto Rico, the Governor, if he/she should believe it to be necessary and convenient, may provide that the title on the assets and/or the rights so acquired must be directly registered in favor of the Authority to expedite compliance with the ends and purposes for which it was created. The Governor may so request from the court at any time following the eminent domain procedure and the court shall so order. In those cases, as well as in cases of acquisition by the Commonwealth of Puerto Rico in favor of the Authority after advance payment by the latter to the Commonwealth of Puerto Rico, the Property Registrar, preferentially and expeditiously, shall proceed to register the property title of the property or the rights in question in favor of the Authority, when the pertinent documents for registration have been submitted. The power hereby granted shall neither limit nor restrict in any manner whatsoever the power of the Authority to acquire properties by purchase or through the eminent domain process initiated directly by the Authority in its own name. The title of any property of the Commonwealth of Puerto Rico deemed necessary or convenient for the purposes of the Authority may be transferred to the latter by the officer in charge or in custody of said property, through terms and conditions that shall be fixed by the Governor.

(c) The provisions of this section shall not limit the provisions of Section 11(d)(ii).

History —Sept. 29, 2004, No. 508, § 9.