2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 219 - Acquisition and Disposition of Real Estate and Chattels (§§ 4451 — 4465) › § 4456 - Municipal assets—Sale of lots in usufruct

The municipality may sell the lots in usufruct that have buildings to their usufructuaries without need of public biddings, and in any case, by means of an ordinance duly-approved by the vote of an absolute majority of the total number of municipal legislators. An absolute majority shall be half the total number of municipal legislators plus one. In the case of a vacancy, it shall not be taken into account when performing the calculation.
(a) Procedure and conditions for the sale.— Every ordinance of the Legislature that authorizes the sale of lots in usufruct shall establish the norms, rules, conditions and selling price of the lot in question.
(1) In the case of lots devoted to dwellings, the selling price may be less than the appraisal value fixed by the Center pursuant to this subtitle.
(2) In the case of lots with buildings which are devoted to a lucrative business, industry or any other activity with a pecuniary purpose, the selling price shall be the same as its appraisal value according to a real estate appraiser duly licensed to practice as such in Puerto Rico.
The municipality may also sell those lots with buildings on them that have been assigned for an indefinite term, without need of public bidding. It may also sell those lots with buildings on them in the hands of private persons, without need of a public bidding, to the usufructuary or owner-in-fact, lessor, occupant, or tenant of the lot in question, as the case may be. Every sale shall be done by ordinance, according to the norms and conditions determined thereby, and for the price fixed pursuant to clauses (1) and (2) of this subsection.
Every sale of municipal lots shall comply with the provisions of law, ordinances, regulations and the applicable territorial ordinance plans, and the property title transfer deeds shall be granted by the mayor or by the administrative official on whom he delegates.
Once the ordinance is approved, the mayor shall make the sale of the lots in usufruct with buildings on them, according to the norms and subject to the prices and conditions established therein, without the participation or authorization of the Legislature being needed for each transaction.
(b) Revision of the valuation of lots in usufruct.— Every three (3) years, the Center shall review the valuations of the municipal lots in usufruct that are in effect. The municipality shall be notified of any change in the appraisal and valuation in effect within thirty (30) days following the date of its review.
When the Center does not review the valuations in effect within the above term, and the municipality wishes to sell any lot in usufruct on which there is a building, it may review the valuation through a real estate appraiser duly licensed to practice in Puerto Rico, who shall perform it according to the norms and practices prevailing in the market. The municipality shall remit a copy of the appraisal to the Center.
History —Aug. 30, 1991, No. 81, § 10.006, renumbered as § 9.006 on Jan. 10, 1999, No. 30, § 3; Nov. 22, 2009, No. 153, § 1.