P.R. Laws tit. 21, § 4455

2019-02-20 00:00:00+00
§ 4455. Municipal assets—Alienation of property

Every exchange, lien, lease, sale, gift, or assignment of municipal property shall be approved by the Municipal Legislature through an ordinance or resolution to such effect.

Any gift or assignment of municipal property shall be authorized; provided, that it is conducted between municipal, state, and/or federal governments, as well as between municipal corporations, municipal development companies, and municipal consortiums, except for those gifts allowed under §§ 4455(b), 4464 and 4464(a) of this title in favor of foreign countries, nonprofit corporations, and indigent persons.

The sale and lease of any municipal property shall be done through a public bidding process.

The following shall be exempted from the public bidding process:

(a) The sale, assignment, gift, or lease in favor of another municipality, or the central government or the Federal government, as well as between municipal corporations, municipal development companies, and municipal consortiums.

(b) The sale of lots in usufruct according to this subtitle.

(c) The sale of any chattels unit which has a value of one thousand dollars ($1,000) or less, subject to the approval of the absolute majority of the Legislative members.

(d) The assignment by sale, of land divided by the construction line of a municipal street or road, as provided in this subtitle.

(e) The assignment of buildings it owns to nonprofit entities for permanent use to establish libraries.

(f) The sale of existing paths or pedestrian walkways in urbanizations to the adjoining owner, subject to compliance with the procedure provided in this subtitle.

(g) The sale and lease of niches or parcels used for the burial of the deceased.

(h) The sale of surplus agricultural property authorized by Act June 20, 1978, No. 61.

(i) The sale of land plots and/or buildings to their lessees, as well as any land plot and/or building abutting on the latter, or any interest thereon; to enter or execute contracts, agreements, and other instruments to fulfill the purposes of this subtitle or any other legal provision.

History —Aug. 30, 1991, No. 81, § 10.005, renumbered as § 9.005 on Jan. 10, 1999, No. 30, § 3; Aug. 13, 2010, No. 129, § 1; Mar. 4, 2016, No. 15, § 1.