2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 85 - Island of Culebra (§§ 881-888 — 890l) › § 890d - Authority—Powers and duties

(1) The Authority shall exercise all the rights and powers that may be necessary or advisable for carrying out the legislative public policy and the purposes of §§ 890–890 l of this title, including, but without being limited to, the following:
(a) To have perpetual existence;
(b) to adopt, alter and use a seal of which judicial notice shall be taken;
(c) to formulate, approve, amend or repeal the rules and regulations it may adopt to regulate its activities and to comply with the provisions in §§ 890–890 l of this title. The Board shall likewise approve rules for its internal operation and for the exercise and performance of the powers and duties imposed in §§ 890–890 l of this title.
(d) To carry out the public policy of the Commonwealth of Puerto Rico, as the same is formulated in §§ 890–890 l of this title;
(e) to exercise full ownership and intervention over each and every one of its properties;
(f) to determine the nature and necessity of all its expenses and the manner in which they shall be incurred, authorized and paid;
(g) to sue and be sued, subject to the provisions of §§ 3077–3092a of Title 32;
(h) to receive donations of money or of any other nature from any person, as defined in §§ 890–890 l of this title and from the United States Government, its agencies, departments or instrumentalities;
(i) to receive and accept technical advice and help from specialized personnel who work with the United States Government as a regular employee, consultant or under contract;
(j) to contract, sign or authorize, in the manner it deems most advisable, the execution of all the documents necessary to carry out the legislative public policy and the purposes of §§ 890–890 l of this title;
(k) to negotiate and sign agreements and documents with the Department of the Interior and other agencies of the United States Government relating to:
(i) Transfer of ownership titles of lands or areas under the jurisdiction of the United States Government or its agencies and instrumentalities in Culebra in favor of the Commonwealth of Puerto Rico or of the Authority;
(ii) the administration of land, property or areas under the jurisdiction of the United States Government and its instrumentalities in Culebra.
(l) To conserve, keep under its custody, administer, develop and undertake surveys of any kind of personal or real property to further the knowledge and enjoyment by the citizenry of the natural patrimony of Culebra, pursuant to the functions assigned to it in §§ 890–890 l of this title and perform surveys to that effect, the results of which shall be disclosed through the different means of communication;
(m) to advise the Planning Board, the Environmental Quality Board and the Department of the drafting and approval of the regulations that may be promulgated by any of such agencies to be applied in Culebra;
(n) to approve, amend and revoke its regulations in order to carry out the public policy and purposes of §§ 890–890 l of this title. These regulations may refer among other matters to:
(i) The protection of the fauna and flora;
(ii) the use or enjoyment of surface waters; the extraction of underground waters and of materials of the crust of the earth; the custody and protection of the maritime zone and of navigable waters;
(iii) movement of land;
(iv) protection of places or things of natural, cultural or ecological value;
(v) prevention or termination of invasion of public land.
Said regulations shall be approved, adopted, amended or revoked by the Authority upon notice and hearing and upon approval of the Governor.
(o) To issue orders to do and not to do, to cease and desist so that cautionary measures or of necessary control be taken, in the discretion of the Authority, in order to achieve the purposes of §§ 890–890 l of this title. The person against whom such order may be issued, may request an administrative hearing in which he shall state in writing the reasons why the order should be modified or revoked and why it should not be enforced.
At the hearings mentioned in this clause (o) the following procedures shall be followed:
(i) The hearings shall be held before an Examining Board consisting of the Secretary or his representative, who shall preside, the Mayor of Culebra or his representative, when the Secretary deems it necessary, an attorney and a technician in the matter before the hearing.
(ii) The Authority shall set the day, time and place where the hearings shall be held and notify the parties against whom the order has been issued at least ten (10) days before the hearing. The parties may appear personally or through counsel.
(iii) Any person who believes he is entitled to intervene in the hearing shall file a motion for intervention, not later than the date fixed for the hearing and the Examining Board presiding at the hearing shall decide, on the date thereof or subsequently, whether or not it admits the intervention sought, which shall be accompanied by a writing with the allegations he may present against or in favor of the order object of the hearing. The motion for intervention as well as the allegations should be notified by registered mail on the same date of its filing to the party against whom the order may have been issued or to his attorney and they shall be governed in all other matters by the Rules of Civil Procedure regulating the intervention procedure.
(iv) After the hearing is held, the Examining Board shall render its written report to the Authority, within thirty (30) days after it has terminated.
(v) The Authority shall enter its resolution, with findings of fact and conclusions of law, and shall pronounce its judgment within forty (40) days following the date on which it receives the report of the Examining Board.
(vi) The resolution or judgment entered by the Authority shall be notified by mail to all the parties and it shall contain a certificate establishing said notice and its date which shall be signed by the secretary to be appointed by the Authority, if any, or by the officer in charge of the documents of the Authority.
(vii) Any of the parties that may have intervened at the hearing may request the reconsideration of the resolution of the Authority within fifteen (15) days following the filing in the record of a copy of the notice of the resolution or judgment. This petition for reconsideration shall be notified to the other parties on the same date it is filed in the office of the Secretary of the Authority, and upon failure to do so, the same shall be dismissed.
(viii) The Authority may deny the reconsideration without a hearing or after holding a hearing. The filing of a petition for reconsideration shall stay the term for the petition for review before the Court of First Instance, until the decision may be entered and notified, in the same manner provided in paragraph (vi) of this clause.
(ix) The Authority shall enter its decision on the petition for reconsideration not later than ten (10) days after its filing and if no action is taken at the expiration of that term, it shall be deemed denied.
(x) Any of the parties may appeal to the Court of First Instance of Puerto Rico, Humacao Part, to request a review of the original order or of the order issued on reconsideration within thirty (30) days following the filing in the record of a copy of the notice thereof and it shall serve a copy of its petition for review on the Authority and on any other party that may have intervened in the case. This notice may be served by mail but it shall bear the same date on which the petition for review is filed. In the cases that the Authority does not take any action on a motion for reconsideration, the term for filing a petition for review shall begin to run at the end of the ten (10) day term from the filing of the motion for reconsideration. The resolution that the Court of First Instance may enter shall become final and unappealable thirty (30) days after it is notified and may only be reviewed by way of certiorari in the Supreme Court of Puerto Rico which shall issue the writ at its discretion.
(xi) The filing of a petition for review in the Court of First Instance of Puerto Rico, Humacao Part, shall not stay the effects of the resolution appealed from, unless it is so ordered by the court on motion of the party, after a hearing which shall be set promptly and upon cause or reason duly proved.
(xii) If the effects of the resolution are stayed, the court shall enter a written resolution based on findings of fact and conclusions of law from which the aggrieved party may appeal to the Supreme Court of Puerto Rico by certiorari, within thirty (30) days following the date on which notice of the stay resolution is served.
(xiii) The hearing of the petition or petition for review on the merits shall be set for not later than sixty (60) days after its filing. The hearing of the petition for review, contemplated in paragraph (x) of this clause shall consider, for all pertinent purposes, the record of the proceedings in the administrative forum, but the parties may present additional evidence if the court in the exercise of its discretion so permits it on motion filed for that purpose.
(xiv) The findings of fact made by the Authority upon entering its resolution shall be conclusive and binding if supported by the evidence presented.
(p) To acquire property in any legal manner, including, but without being limited to, the following:
By purchase, option to purchase, purchase by installments, public auction, lease, bequest, legacy, assignment or without conditions, exchange, donation, inheritance, or by condemnation in the manner provided in §§ 890–890 l of this title and the laws of Puerto Rico; by inheritance, and to retain, conserve, use and avail itself of any personal or real property, including, but without it being considered a limitation of, securities and other personal or real property or real rights or any interest therein, which it may deem necessary or advisable to accomplish its purposes.
(q) To lease or alienate, gratuitously, personal or real property when the other party is an agency or the Municipal Government of Culebra;
(r) to appoint all its officers, agents and employees and to grant them such powers, incumbency and responsibilities as the Authority may deem advisable; to impose on them their duties, to set, change and pay the remuneration it may determine, subject to the policy, regulations and procedures approved by the Authority;
(s) to lend and borrow money for its purposes and guarantee payment of its obligations by pignoration, mortgage or any other lien on any of its contracts, rents, income or property.
In order to facilitate to the Authority the procurement of funds which will permit it to accomplish its corporate purposes, the obligations authorized or subscribed by the Authority as evidence of money borrowed, as well as the income accruing therefrom, shall be and remain at all times tax exempt. For this purpose §§ 581–595 of Title 7, as amended or as they may be hereafter amended, shall be applicable.
(t) To alienate and dispose of any of its property or interest therein for a valuable consideration in the manner and to the extent determined by the Authority;
(u) to accept, in its own name or in the name of the Commonwealth of Puerto Rico, financial aid including subsidies, gifts with or without conditions, advances and other similar aids, from the Commonwealth of Puerto Rico or its agencies and from the United States Government, its agencies or instrumentalities and from private persons; to execute contracts, leases, agreements or other transactions with any of said governments, including the agencies, instrumentalities and municipalities of the United States Government and to invest the proceeds of the funds received to accomplish the purposes of §§ 890–890 l of this title;
(v) to exercise all the powers and rights necessary to develop conservation, protection and rehabilitation land projects;
(w) to acquire any right, interest or easement in any property to promote the development, use and conservation of open spaces in their natural state in order to protect the waters or bodies of water; to conserve the soil and forest; to preserve the beauty of the sites for the use of the public, including green areas and public parks; and to facilitate the use and development of areas reserved for projects of public interest related to the purposes of §§ 890–890 l of this title;
(x) to construct and operate and grant financial subventions, incentives and aids for the construction and operation of such works and facilities in Culebra, including commercial, agricultural and fishing enterprises, which may prove beneficial to its inhabitants and visitors, provided they do not unfavorably affect the geological, ecological and climatological attributes of Culebra and tend to improve the quality and living conditions there;
(y) to encourage and participate in the settlement of new areas, within the range of policies that warrant the best balance as to the necessities of future communities, taking into account, among other factors, the preservation of the natural values of the land, its beaches, forests and sceneries; to insure the best conditions of health, safety, comfort and recreational facilities;
(z) to perform all the necessary or convenient acts or things to carry out the powers granted by §§ 890–890 l of this title or by any other law of the Legislature of Puerto Rico or of the Congress of the United States of America that may be compatible with the Puerto Rico Federal Relations Act;
(aa) to take the necessary judicial action, using the services of the attorneys of the Department or of those retained for that purpose by the Authority, in order to accomplish the purposes of §§ 890–890 l of this title, including, but without being limited to, injunctions, mandamus, revendication. Exclusive jurisdiction is conferred on the Court of First Instance of Puerto Rico, Humacao Part, over any judicial proceeding that the Authority may file in connection with §§ 890–890 l of this title. In the case of injunctions, the Authority shall be exempt from posting bond.
(bb) To order the destruction of existing illegal structures, or that are in process of construction, and the destruction or immobilization of the extensions of the existing illegal structures, all by order that may be issued to that effect, and of which notice shall be personally served on the owner, his agent or employees who might be on the property or occupier of the structure. In the event that it is impossible to serve the notice as required above, as to the persons that must be notified, copy of the notice mentioned herein shall be posted on the structure and copy of such notice shall likewise be posted in the City Hall of Culebra. In such case the notice posted on the structures shall constitute, for present purposes of §§ 890–890 l of this title, sufficient notice. This notice shall not become invalid on the ground that the copy duly posted has become detached, deteriorated or destroyed, as the result of natural phenomena or by the action of persons not authorized to do so. The Secretary shall certify on what day the notice was posted on the structure in question. This certificate shall be sent to the Secretary of State who shall keep it as a public document, for all legal purposes, provided that the persons who have their homestead in structures situated on public land and use them as such prior to the effectiveness of this act, shall be entitled to be compensated according to the market value of the structures, as they are assessed, pursuant to subsection (2)(b) of this section. Owners of structures located on public lands which do not constitute a homestead shall not receive any compensation therefor when the same are removed by order approved by the Authority to that effect.
In the cases in which, according to the preceding paragraph, payment of compensation is required, after the order mentioned in subsection (1)(bb) of this section is rendered and compensation of the assessed value is deposited in the Court of First Instance of Puerto Rico, Humacao Part, in favor of the owner or where the compensation is accepted by the latter in a public document executed to that effect, the Authority may appeal to that Part of the Court of First Instance of Puerto Rico, by way of a verified petition requesting that the aforesaid order of the Authority be enforced and that eviction of the persons occupying the structure be decreed. In view of said verified petition and of the order entered by the Authority, the court shall summon the parties to appear to show cause why their eviction should not be decreed. The respondent shall answer in writing, with notice to the Authority. After the evidence is heard, the court shall enter a decision not later than fifteen (15) days after the hearing.
If the resolution enforces the order of the Authority, the court shall order the eviction of the occupants within a term of not less than thirty (30) days nor more than sixty (60) days after notice of the resolution is served. The eviction decreed shall be executed by the marshal.
In case the eviction is decreed, the party against whom it is entered may appeal by certiorari to the Supreme Court of Puerto Rico, within thirty (30) days following the notice of the resolution of the lower court. The writ of certiorari shall be issued at the discretion of said court.
In the cases in which the order entered pursuant to the provisions of this clause a homestead in the structure does not exist once the order is personally notified, the Authority may appeal to the Court of First Instance of Puerto Rico, Humacao Part, by way of a verified petition in which it may request that the order be enforced, a copy of which shall be attached to the petition, and request the eviction of the persons who are occupying the structures. The Authority shall establish in the verified petition submitted to the court, the fact of having notified personally the owners or occupants of the structure, with a copy of the administrative order decreeing the eviction. If the resolution that the court may enter in due time, after the holding of hearings, should adopt or enforce the aforesaid order, said resolution shall provide that the owner or the occupants of the structure vacate the same within a term of not more than thirty (30) days, counted from the date of notice of the resolution.
The resolution that the court may enter shall be served by the marshal.
(2) The Authority shall:
(a) Approve and adopt a plan for the management and administration of its functions under §§ 890–890 l of this title, not later than July 1, 1976 which shall be approved by the Department and the Planning Board;
(b) prepare not later than July 1, 1976 an inventory of all the structures located in the maritime zone and other land of the Federal Government to be transferred to the Authority pursuant to the Joint Report and on land of public ownership and patrimonial of the Commonwealth. The inventory shall state which are the structures that constitute homestead, the date on which the same was established and the names and addresses of all the owners and occupants of said structures. After the proper investigation the Board shall determine whatever right may assist the property owners and possessors of the structures located on public land, and shall likewise establish which of them constitute, for purposes of §§ 890–890 l of this title, illegal or clandestine structures. The Board shall order an assessment of all the structures which constitute homestead. The inventory shall be a public document.
The assessors shall have free access to the property, upon identification. If the assessor requests admission to the property and the same is denied, he may request the District Court upon explaining the situation, to order the owner, or the occupant of the property, to permit admission under threat of contempt.
(c) Notify by mail, each and every one of the owners of the structures, the information appearing in the inventory about their property and the assessed value thereof;
(d) promulgate regulations to ban clandestine or illegal buildings on land of public ownership and patrimonial of the Authority or of the Commonwealth, or land transferred to the latter by the United States Government and its agencies or instrumentality and to establish vigilance to prevent said buildings from being constructed;
(e) call the residents of Culebra to public hearings no later than sixty (60) days after the close of the fiscal year to inform the community about the Authority’s achievements during the fiscal year just ended, as well as to determine the feelings of the citizens regarding the development and conservation of said municipality and to establish goals for the following year.
History —June 22, 1975, No. 66, p. 153, § 5; July 2, 1985, No. 41, p. 147.