P.R. Laws tit. 21, § 865

2019-02-20 00:00:00+00
§ 865. Title—Restrictive conditions

The title of the property that by virtue of the present is transferred shall be limited pursuant to the following restrictive conditions:

(a) The municipality shall be bound to maintain the use of the recreational and sports activities according to what each facility had been previously designated for and to provide for the administration and maintenance of each. Let it be understood that the Sports and Recreation Department shall defray the expenses for the maintenance of the property for the first two (2) years. Subsequently said item shall be defrayed by each municipality.

(b) The municipality shall be bound to notify the Department, as interested party, by certified mail, about all matters or procedures related to the change of use, or to the constitution of a lien or the alienation of all or part of the properties transferred by virtue of this chapter. Said notice must be forwarded before any steps are taken that tend to change the use of or to encumber or alienate the property.

(c) The determination of the Department shall be deemed to have the force of law for the final resolution concerning the change of use and the encumbrance or alienation of the property transferred.

(d) In case the Department should not consent to the change of use or to the constitution of a lien or to alienation, the municipality shall use and maintain the property.

(e) In case the municipality should fail to comply with the maintenance and beautification of the property or acts unequivocally in order to change the use or encumber or alienate the property without the prior consent of the Department, the right of ownership and the administration of the property transferred by virtue of this chapter, shall revert to the Department through judgment of the General Court of Justice of the Commonwealth of Puerto Rico.

(f) The legal liability for damages caused by the failure to comply with any of the conditions imposed in this section, if there should be any concerning a third party [or] the Department, shall be compensated by the municipality.

History —Sept. 30, 2004, No. 537, § 8.