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) › § 2908 - Payment of difference between deposit and final judgment; interest

In any judgment rendered in a condemnation proceeding for the acquisition of private property or of any right thereon for public use or enjoyment for the benefit of the community, which is instituted by the Commonwealth of Puerto Rico or the Commonwealth Government directly or on its behalf by any agency, authority or instrumentality or official of the Commonwealth of Puerto Rico, in which the amount determined by the court as fair compensation for said property or rights thereon, the subject of such proceeding, in the event of conveyance of title and in the mere taking without conveyance of title, is greater than the amount fixed by said plaintiff and deposited in the court as fair compensation for such property or the rights thereon subject to said proceeding, the Commonwealth of Puerto Rico shall pay the amount of the difference between the sum thus fixed by said plaintiff and deposited by him/her in the court and the sum that for the purpose has been determined by the court as fair compensation for said property or the rights thereon subject to such proceedings, with interest at the annual rate fixed by regulations by the Financing Board of the Office of the Commissioner of Financial Institutions which is in effect at the time the judgment is pronounced pursuant to Rule 44.3 of App. III of this title, on such difference to be counted from the date of the acquisition of said property or rights and from said date until the date of payment of such difference; Provided, That in such cases in which the defendant or defendants appeal the judgment fixing the compensation, and the Supreme Court confirms said judgment or reduces the compensation granted, the appellant shall not recover interest for the period of time comprised between the date of the filing of the appeal and until the judgment of the Supreme court is final, firm and executory.
As soon as the judgment referred to in the preceding paragraph is final and unappealable, the Secretary of the Treasury of Puerto Rico shall pay to the defendant in such condemnation proceedings the amount of the difference specified in the preceding paragraph, with interest thereon, as therein specified, and the Secretary of the Treasury of Puerto Rico shall pay such difference and interest thereon, as provided in this section, chargeable to any funds in the Commonwealth Treasury not otherwise appropriated.
For the payment in full of the difference referred to in the preceding paragraphs and the interest thereon, as herein provided, the good faith on the Commonwealth of Puerto Rico is hereby irrevocably pledged.
The necessary sums to carry out the provisions of this section are hereby appropriated out of any funds in the Commonwealth Treasury not otherwise appropriated.
History —Mar. 12, 1903, p. 50, added as § 5B on Nov. 30, 1942, No. 19, p. 82, § 4; Apr. 29, 1946, No. 488, p. 1458, § 1; May 7, 1948, No. 105, p. 240, § 2; Apr. 29, 1949, No. 148, p. 394, § 1; Dec. 26, 1997, No. 187, § 2.