2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2909 - Taking of possession; compensation for use of property

(1) In any proceeding heretofore or hereafter instituted in any court of Puerto Rico for the condemnation of any property or any permanent or temporary interest or easement therein, the plaintiff, upon the filing of the petition, or at any time while the proceeding is pending, without regard to whether or not title has been taken under § 2907 of this title, may take possession of the property or any part thereof to the extent of the interest to be acquired, and may proceed with such use thereof or such works thereon or therewith as have been authorized by law.
(2) Prior to the taking of such possession, provision shall have been made for the payment of just compensation for said possession for such period as same shall continue, as estimated by said plaintiff, either by previous appropriation by the Legislature, or, if funds are to be provided otherwise than from the Treasury of Puerto Rico, by the deposit in court of moneys in such amount as shall be estimated by the plaintiff to be just compensation for said possession. The defendant or defendants may move at any time in the court to increase or change the amount of said deposit and the court shall make such order as shall be just in the premises and as shall adequately protect the defendant. The court shall have power to issue such orders as may be necessary to enforce the right of the plaintiff to the possession.
(3) Compensation for use of the property in advance of or without taking title while the proceeding is pending, shall be paid on a monthly or quarterly or other periodic rental basis as long as such possession endures, or in a lump sum, and said compensation shall be subject to abatement for any benefits, use, income, rents, or profits derived from the property by the owners during the period of possession.
(4) The compensation for a period of possession without taking title may be fixed by agreement or determined tentatively by the plaintiff and paid according to such agreement or determination, and in the absence of agreement, just compensation for such period of possession shall be ascertained and awarded in the proceeding, and established by the judgment therein, and may be less or more than the amount tentatively determined, and an addition to or set-off against the amount finally awarded as compensation for the taking may be made in order to adjust any excess or deficiency in the amount paid for a period of temporary possession.
(5) No action shall be taken under the provisions of this section unless the head of the executive department or government agency, bureau, or instrumentality empowered to acquire the property, certifies that in his opinion the compensation definitely fixed under this section shall be within any limit prescribed by the Legislature of Puerto Rico in connection with the price or amount to be paid.
History —Mar. 12, 1903, p. 50, added as § 5(c) on Mar. 27, 1946, No. 216, p. 422.