P.R. Laws tit. 23, § 339a

2019-02-20 00:00:00+00
§ 339a. Taking possession of property in condemnation proceedings

When in the judgment of the Authority it be necessary to take immediate possession of the properties which are to be condemned, the Authority shall request from the Governor of Puerto Rico who, in behalf of the Commonwealth of Puerto Rico, acquires, and the latter shall have power to acquire by purchase, condemnation or by any other lawful means for the use and benefit of the Authority, the properties and real rights necessary and convenient to carry out the purposes and aims thereof. The Authority shall place in advance, at the disposal of the Commonwealth of Puerto Rico, the necessary funds that may be estimated as the value of the properties or of the rights to be acquired. The difference in value that the court may decree may be paid from the Commonwealth Treasury, but the Authority shall be under the obligation to reimburse said difference. After the totality of the reimbursement has been made the title of said property shall be transferred to the Authority by order of the court, by record substantiated to the effect, it being provided that in such cases where the Governor of the Commonwealth of Puerto Rico deems necessary and convenient that the property title and/or right so acquired should be recorded directly in behalf of the Authority to accelerate the fulfillment of the purposes and aims for which it was created, he may so request from the court at any time within the condemnation proceedings and is so ordered by the latter. In such cases, the registrar of property shall preferably proceed to make the recording of the property title or rights in question in behalf of the Puerto Rico Ports Authority, upon presenting for recording the pertinent instrument. The power hereby conferred, shall not limit, or restrict in any manner the power of the Authority itself to acquire property.

All personal and real properties and any right or interest thereon that the Authority deems necessary to acquire to carry out its purposes are hereby declared of public utility and same may be condemned by the Authority or at its request and for the use and benefit of the latter by the Commonwealth of Puerto Rico, represented by its Governor, without the previous declaration of public utility provided in § 2902 of Title 32.

History —May 7, 1942, No. 125, p. 710, added as § 9(A) on May 22, 1968, No. 55, p. 91.