P.R. Laws tit. 23, § 11166

2019-02-20 00:00:00+00
§ 11166. Acquisition of property by the Commonwealth for the Authority

(a) The Authority may exercise the power of eminent domain by directly initiating the process by itself or by petition, in accordance with the procedure described in subsection (b) of this section, when deemed convenient by the Board. Any procedure for eminent domain initiated by the Authority shall be carried out in accordance with this chapter, and the procedures for eminent domain established in the laws of the Commonwealth of Puerto Rico.

(b) By petition of the Authority, the Governor of the Commonwealth of Puerto Rico or the Secretary may acquire by means of purchase, eminent domain, or other lawful means on behalf and in representation of the Commonwealth of Puerto Rico and for use and benefit of the Authority, in the manner provided in this chapter and the laws of the Commonwealth of Puerto Rico regarding eminent domain, the title of any property or interest thereon, that the Authority deems necessary or convenient to carry out its purposes, including its future needs. The Authority may make available in advance to such officials those funds that may be needed to pay for such property, and once acquired, reimburse to the Commonwealth of Puerto Rico any amount paid that has not been previously delivered. Once the Commonwealth of Puerto Rico receives such reimbursement (or within a reasonable time if the total cost or value of the property has been paid in advance by the Authority) the title of the property thus acquired shall be transferred to the Authority. If the property is acquired by eminent domain, the title thereof shall be transferred to the Authority by order of the court in question with proof that the Authority has paid in advance or reimbursed the total cost of such property. The Secretary shall make arrangements as are necessary so that the Authority may exploit and control such property for the benefit of the Commonwealth of Puerto Rico until the title has been transferred to the Authority. The power granted herein shall, in no way, limit or restrict the power of the Authority to acquire property. The title of any property acquired or held by the Commonwealth of Puerto Rico, including its public corporations, before the effective date of this act or that may be acquired or held in the future and that is deemed necessary or convenient to achieve the purposes of the Authority, may be transferred to the latter by the official in charge of the government or quasi-governmental entity that holds the title of such property or has such property under its custody, under the terms and conditions established by the Governor or official or agency to whom he/she delegates.

History —Aug. 3, 2014, No. 123, § 7.