reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 9 - Sand, Gravel, and Stone (§§ 201-205 — 220f) › § 215 - Reconsideration and review before the Court of First Instance

(a) Reconsideration. — Any party adversely affected by a resolution, order or decision of the Secretary may request its reconsideration within the term of fifteen (15) days from the date of the notice of said resolution, order or decision.
The filing of the petition for reconsideration shall not exempt any person from complying with or obeying any decision or order of the Secretary nor operate in any way as a stay or postponement of the effective date thereof; unless upon a special order of the Secretary. The Secretary shall have power to grant or deny the reconsideration or to stay, amend or reverse his order or decision with or without a hearing. The filing of a petition for reconsideration shall stay the term to file a petition for review before the Court of First Instance and the term shall begin to run again from the notice of the final decision of the Secretary on the petition for reconsideration.
(b) Review before the Court of First Instance. — The order or decision issued by the Secretary, after a hearing is held or the case is submitted, shall become final and unappealable unless the party or parties adversely affected request the review thereof before the Court of First Instance of Puerto Rico, San Juan Part, within thirty (30) days following the date of notice. Only arguments that are contained in the record of the case and which the Secretary has had the opportunity to assess and to consider can be raised in this request for review.
The filing of a petition for review of any resolution, order or decision of the Secretary shall not stay the effects of such resolution, order or decision unless the court so orders at the request of the interested party, upon a previous hearing and a determination that the party against whom the resolution, order or decision has been entered will sustain serious or irreparable damages if such stay is not decreed. The order entered by the court to that effect shall fix a bond for an amount deemed reasonable to answer for the damages which may be caused by the stay of the execution of the resolution, order or decision of the Secretary.
The judicial review shall be prosecuted on the basis of the administrative record of the proceedings before the Department. The findings of the Secretary in connection with the facts shall be conclusive if supported by substantial evidence. The order issued by the court shall become final thirty (30) days after notice and shall be reviewable only by certiorari before the Supreme Court of Puerto Rico, which shall issue the writ at its discretion.
History —June 25, 1968, No. 132, p. 314, § 11, renumbered as § 10 and amended on June 3, 1976, No. 144, p. 423, § 11; Sept. 2, 2000, No. 370, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 9 - Sand, Gravel, and Stone (§§ 201-205 — 220f) › § 216 - Entrance onto private property

The Secretary or his representative may, upon permission from the owner or holder, enter a private property in the discharge of his functions. Were it not possible to obtain said permission, the Secretary or his representative may request, through a sworn statement, from any judge of the Court of First Instance that an order be issued authorizing entrance into the property. The judge shall issue the order if he finds that entrance into the property is pertinent to the investigation.
History —June 25, 1968, No. 132, p. 314, § 12, renumbered as § 11 and amended on June 3, 1976, No. 144, p. 423, § 12, eff. 30 days after June 3, 1976.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 9 - Sand, Gravel, and Stone (§§ 201-205 — 220f) › § 217 - Power to issue orders, appearance before courts

The Secretary may compel any applicant or holder of a permit to show any book, paper and document which in his opinion may be necessary to carry out any act or exercise any function entrusted to him by this chapter. He may also issue such orders to do or not to do, to cease and desist as he may deem necessary for the purpose of accomplishing the purposes of this chapter and of the regulations promulgated thereunder. Any party adversely affected by such order may request an administrative hearing at which he may set forth the reasons he may have for the order to be modified or reversed and not to be enforced. The order or ruling of the Secretary may be reviewed as provided in § 215 of this title. The effects of said order or ruling of the Secretary shall not be stayed unless so ordered by the Court of First Instance of Puerto Rico or by the Secretary himself, as established in the aforesaid § 215.
Furthermore, the Secretary may, represented by the Secretary of Justice, by the attorneys of the Department or by a private attorney retained for the purpose, resort to the courts of Puerto Rico or the courts of the United States of America, to request the enforcement of any order or decision issued by him or to seek, through any civil action, any remedy which he may deem pertinent to accomplish the purposes of this chapter and of the regulations promulgated thereunder.
History —June 25, 1968, No. 132, p. 314, added as § 12 on June 3, 1976, No. 144, p. 423, § 13, eff. 30 days after June 3, 1976.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 9 - Sand, Gravel, and Stone (§§ 201-205 — 220f) › § 218 - Penal sanctions

Any natural or juridical person, association, or group of persons, quasi-public corporation, department, agency, municipality or instrumentality of the Commonwealth of Puerto Rico that personally and/or through its agents, representatives or employees engages in activities for the extraction, excavation, removal or dredging of the components of the earth’s crust in public or private lands of the Commonwealth of Puerto Rico without a prior permit of the Secretary of Natural and Environmental Resources shall be guilty of a misdemeanor and, if found guilty, shall be punished by a fine of not more than five hundred dollars ($500) nor less than one hundred dollars ($100), or by imprisonment for not more than six (6) months, or both penalties, at the discretion of the court.
The violation of any resolution, decision or order issued by the Secretary, or of any condition or requirement established in a permit, or of the provisions of §§ 206—220f of this title and of the regulations promulgated thereunder by those mentioned in the preceding paragraph, personally and/or through their agents, representatives, or employees shall also constitute a misdemeanor punishable by the above-mentioned penalties.
Each day of continuance of the infraction of any provision, requirement, determination, order or regulation of the Secretary, or of any of the provisions of said sections, or a final decree issued by the District Court of Puerto Rico, shall constitute a separate and distinct offense.
Jurisdiction is hereby vested in the District Court of Puerto Rico to prosecute the offenses established by this section.
History —June 25, 1968, No. 132, p. 314, § 13; June 3, 1976, No. 144, p. 423, § 14; June 27, 1987, No. 54, p. 180, § 7.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 9 - Sand, Gravel, and Stone (§§ 201-205 — 220f) › § 219 - Administrative fines

The Secretary is empowered to impose administrative penalties and fines for violations of this chapter, upon holding public hearings of a quasi-judicial nature. The administrative fines shall not exceed fifty thousand dollars ($50,000).
History —June 25, 1968, No. 132, p. 314, added as § 14 on June 3, 1976, No. 144, p. 423, § 15, eff. 30 days after June 3, 1976.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 9 - Sand, Gravel, and Stone (§§ 201-205 — 220f) › § 220 - Special Fund

All the money received by the Secretary in complying with his task of enforcing §§ 206—220f of this title and the regulations promulgated thereunder shall be covered into a Special Fund which shall be designated “Special Fund in favor of the Department of Natural and Environmental Resources”, to be used by the Secretary for such functions, activities, proceedings or administrative acts as are connected with the accomplishment of the purposes of this chapter and of the regulations promulgated thereunder. The Secretary of the Treasury shall place at the disposal of the Secretary the money covered into said Special Fund through warrants authorized or signed by the Secretary of the Department of Natural and Environmental Resources or his authorized representative.
History —June 25, 1968, No. 132, p. 314, added as § 15 on June 3, 1976, No. 144, p. 423, § 16, eff. 30 days after June 3, 1976.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 9 - Sand, Gravel, and Stone (§§ 201-205 — 220f) › § 220a - Public information

The information, documents and studies regarding the excavation, extraction, removal and dredging of components of the earth’s crust in possession of the Department shall be held as information, documents and researches of a public nature and shall be made available to any citizen wishing to examine them. However, the documents, books and papers that the Secretary may order the holders to show him pursuant to the power vested in him under § 217 of this title shall be of a confidential nature.
History —June 25, 1968, No. 132, p. 314, added as § 16 on June 3, 1976, No. 144, p. 423, § 17, eff. 30 days after June 3, 1976.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 9 - Sand, Gravel, and Stone (§§ 201-205 — 220f) › § 220b - Actions by citizens

Any person interested in or affected by an activity of excavation, extraction, removal or dredging of components of the earth’s crust may institute a civil action under §§ 206—220f of this title in the following cases:
(1) Against any person, instrumentality, agency, municipality, public or quasi-public corporation of the Commonwealth that is violating §§ 206—220f of this title or any regulation or order adopted thereunder by the Secretary.
(2) Against the Secretary when the latter has failed to comply with a nondiscretionary duty imposed on him by §§ 206—220f of this title or when he has incurred in abuse or excessive discretion, or in an arbitrary action in enforcing §§ 206—220f of this title or the regulations or orders he may adopt thereunder.
The Court of First Instance of Puerto Rico shall have jurisdiction over these actions irrespective of the amount in controversy.
Upon issuing any final order on actions brought under this section, the court may levy such costs as in its opinion are proper on any of the litigant parties.
History —June 25, 1968, No. 132, p. 314, added as § 17 on June 3, 1976, No. 144, p. 423, § 18, eff. 30 days after June 3, 1976.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 9 - Sand, Gravel, and Stone (§§ 201-205 — 220f) › § 220c - Delegation of powers

The Secretary may delegate the powers vested in him by §§ 206—220f of this title, except the adoption of regulations, to any officer or employee acting under his jurisdiction. The authorization so delegated may be revoked at any time by the Secretary.
History —June 25, 1968, No. 132, p. 314, § 14, renumbered as § 18 and amended on June 3, 1976, No. 144, p. 423, § 19, eff. 30 days after June 3, 1976.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 9 - Sand, Gravel, and Stone (§§ 201-205 — 220f) › § 220d - Power to regulate

The rules and regulations regarding the excavation, extraction, removal and dredging of components of the earth’s crust in force on the date of approval of this act and not incompatible with the purposes thereof, shall remain in force for a period of not more than one year from said date. Before the end of this period the Secretary shall have adopted new rules and regulations in keeping with the purposes of §§ 206—220f of this chapter and subject to the provisions of §§ 2121—2141 of Title 3.
History —June 25, 1968, No. 132, p. 314, § 15, renumbered as § 19 and amended on June 3, 1976, No. 144, p. 423, § 20, eff. 30 days after June 3, 1976.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 9 - Sand, Gravel, and Stone (§§ 201-205 — 220f) › § 220e - Fees

The Secretary shall establish by regulation the standards pursuant to which shall be computed the fees to be charged by the Department of Natural and Environmental Resources for the permits it is hereby authorized to grant. The aggregate amount of such fees shall substantially or fully meet the expenses incurred by the Department in implementing §§ 206—220f of this title. The fees collected hereunder shall be covered into the Special Fund established by §§ 206—220f of this title.
History —June 25, 1968, No. 132, p. 314, § 16, renumbered as § 20 and amended on June 3, 1976, No. 144, p. 423, § 21, eff. 30 days after June 3, 1976.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 9 - Sand, Gravel, and Stone (§§ 201-205 — 220f) › § 220f - Exclusions

Sections 206—220f of this title shall not be applicable to port zones under the control of the Puerto Rico Ports Authority once they are delimited as provided by law.
History —June 25, 1968, No. 132, p. 314, § 18, renumbered as § 22 and amended on June 3, 1976, No. 144, p. 423, § 23, eff. 30 days after June 3, 1976.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 11 - Overhead Space (§§ 221 — 226) › § 221 - Construction in overhead space of public ways and lands

The various government entities of the Commonwealth of Puerto Rico, including its agencies, instrumentalities and public corporations, are hereby authorized to construct bases in the overhead space of public ways and lands such as roads, avenues, branches, streets, alleys, parking areas, bus terminals, channels, canals and piers, railroad tracks, tunnel entrances and exits, subway tracks and any other like or similar works ways, using for such a purpose, after the proper procedures, those lateral or adjacent lands as may be necessary.
It is hereby provided that all private persons or entities may construct bases in the overhead space of public ways and lands provided that the lateral or adjacent lands belong to them and that said bases are used for pedestrian bridges.
History —June 18, 1965, No. 47, p. 87, § 1; Sept. 2, 2000, No. 312, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 11 - Overhead Space (§§ 221 — 226) › § 222 - Who shall give consent

The construction of the bases to which § 221 of this title refers may be carried out only with the consent of the Secretary of Transportation and Public Works whenever the ways or lands belong to the Commonwealth of Puerto Rico; with the consent of the municipal legislature of the corresponding municipality where such public ways or lands are located, whenever they are municipal property; or with the consent of the Ports Authority whenever the ways or lands belong to the latter; and also, with the approval of the Puerto Rico Planning Board.
In the case of a private person or entity, the construction of the bases referred to in § 221 of this title may only be carried out with the consent of the Secretary of Transportation and Public Works and of the municipal legislature of the corresponding municipality and with the approval of the Puerto Rico Planning Board. Before granting such an authorization, the authorities concerned must consider the convenience and safety of the proposed works.
History —June 18, 1965, No. 47, p. 87, § 2; Sept. 2, 2000, No. 312, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 11 - Overhead Space (§§ 221 — 226) › § 223 - Public use of construction

The bases so constructed in the overhead space of public ways and lands shall only be used to erect buildings or structures for public or private purposes.
History —June 18, 1965, No. 47, p. 87, § 3; Sept. 2, 2000, No. 312, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 11 - Overhead Space (§§ 221 — 226) › § 224 - Separate records in the Registry of Property

The bases and the buildings or structures thereon constructed shall be recorded in the Registry of Property as separate and independent estates, even if the public lands on which the bases stand are not registered in the Registry of Property.
History —June 18, 1965, No. 47, p. 87, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 11 - Overhead Space (§§ 221 — 226) › § 225 - Instrument to be presented in Registry

Whenever under § 224 of this title the registration is requested of a platform and of the structure standing thereon, there shall be presented to the registrar an authentic instrument showing the construction of the bases and of the structures, as well as a certification issued by the public authority under whose custody or administration the public ways and lands are, accrediting the granting of the permits to which § 222 of this title refers. The instrument showing the construction of the bases and of the structures shall contain the necessary information to enable the registrar of property to fulfill the requirements called for by the Mortgage Law for registration.
History —June 18, 1965, No. 47, p. 87, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 11 - Overhead Space (§§ 221 — 226) › § 226 - Public use of accesses

In approving projects of this nature, the Puerto Rico Planning Board may require, according to the procedure authorized by law, that specific accesses for vehicles as well as for pedestrians that are part of said construction be devoted to public use.
Private persons and entities are exempted from the provisions of this section.
History —June 18, 1965, No. 47, p. 87, § 6; Sept. 6, 2000, No. 312, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter I - Creation (§§ 241 — 247) › § 241 - Short title

The short title of §§ 241 et seq. of this title shall be “Land Law of Puerto Rico”.
History —Apr. 12, 1941, No. 26, p. 388, § 1, eff. 90 days after Apr. 12, 1941.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter I - Creation (§§ 241 — 247) › § 243 - Land Authority—Secretaries; copies of documents; judicial notice

(a) The Authority and its subsidiaries shall each have a secretary to be appointed by the Board. Each secretary shall hold office at the pleasure of the appointing authority and until his successor is appointed. The secretary of the Authority shall also hold the office of secretary of the Board. Each secretary shall perform the functions of corporate secretary and shall perform such other duties, and shall have such other responsibilities and powers, as the Board may prescribe.
(b) The secretary of the Authority and that of each subsidiary corporation may, at their discretion, on request of any interested party, issue copies of all documents filed or deposited in the offices of the Authority and of its subsidiary corporations, and after certified by the corresponding secretary, under the corporate seal, such documents shall be admissible in evidence in any court in like manner and with like effect as the originals. The courts of justice and the offices of the Commonwealth Government and municipal governments shall take notice of the incumbent of each office of secretary, of his signature, and of the corresponding corporate seal.
History —Apr. 12, 1941, No. 26, p. 388, added as § 3A on May 13, 1947, No. 352, p. 678; May 15, 1950, No. 429, p. 1048, § 2; June 30, 1955, No. 106, p. 622, § 2; June 27, 1958, No. 131, p. 315, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter I - Creation (§§ 241 — 247) › § 244 - Land Authority—Executive directors; tenure; duties and powers

The Authority shall have an Executive Director appointed by the Board, with the approval of the Governor of Puerto Rico, and each of its subsidiary corporations shall have an executive director appointed by the Executive Director of the Authority, with the approval of the Board. Each executive director shall hold office at the pleasure of the appointing authority and until his successor has been appointed. Each executive director shall be the senior executive of his respective organization and shall perform such duties and shall have such responsibilities and powers as are prescribed by the appointing authority.
History —Apr. 12, 1941, No. 26, p. 388, § 4; May 15, 1950, No. 429, p. 1048, § 3; June 30, 1955, No. 106, p. 622, § 3; June 27, 1958, No. 131, p. 315, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter I - Creation (§§ 241 — 247) › § 247 - Land Authority—Purpose; tenancy of land in excess of 500 acres

The Authority is created for the purpose of carrying out the agricultural policy of the Commonwealth of Puerto Rico as determined in §§ 241 et seq. of this title, and to take the necessary action to put an end to the existing corporative latifundia in this Commonwealth, block its reappearance in the future, insure to individuals the conservation of their land, assist in the creation of new farmers, facilitate the utilization of land for the best public benefit under efficient and economic production plans, including the industrial processing of agricultural products; provide the means for the agregados and slum dwellers to acquire parcels of land on which to build their homes, and to take all action leading to the most scientific, economic and efficient enjoyment of land by the Commonwealth of Puerto Rico; Provided, That none of the provisions of §§ 241 et seq. of this title are to be construed as limiting the right of the Land Authority of Puerto Rico or of the organizations, entities, or agents created or authorized by it to carry out the purposes mentioned in the preceding paragraph to hold, control, possess, use and develop agricultural lands with an area in excess of 500 acres.
History —Apr. 12, 1941, No. 26, p. 388, § 7; May 11, 1942, No. 197, p. 996, § 2; Apr. 4, 1946, No. 271, p. 570.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 262 - Sharing of profits of plants or facilities by bonuses to personnel

When the Authority shall determine that the operation of any of the plants or factories or other facilities operated by the Authority or by its subsidiary corporations has returned a profit, it may authorize the distribution among the personnel in said plant or factory or other facility, by way of bonuses, on the basis and in the manner it may deem convenient, of such portion of such profits as it may deem fit. Provided, That the Authority shall deduct and retain from said profits such amount as it may consider advisable as a reserve fund for said plan or factory.
History —Apr. 12, 1941, No. 26, p. 388, added as § 9 on Apr. 4, 1946, No. 270, p. 568; May 15, 1950, No. 429, p. 1048, § 6; June 27, 1958, No. 131, p. 315, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 263 - Accounts; disbursements

All the moneys of the Authority shall be deposited with recognized depositaries of the funds of the Commonwealth of Puerto Rico, but they shall be kept in a separate account or accounts registered in the name of the Authority. Disbursements shall be made by the Authority in accordance with its own regulations and budgets.
History —Apr. 12, 1941, No. 26, p. 388, § 10; May 28, 1954, No. 46, p. 260, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 264 - Acquisition of property; condemnation

The Commonwealth of Puerto Rico shall have power to acquire, at the request of the Authority or of its subsidiaries and in behalf thereof, by purchase or condemnation, as provided by §§ 241 et seq. of this title and the Commonwealth laws on eminent domain, title to any real property or interest therein that may be necessary or advisable for the purposes of the Authority or its subsidiaries, and the latter shall pay for the whole of said real property. The power hereby vested shall not limit or restrict the power of the Authority itself to acquire real property by purchase or condemnation but the Board shall not delegate the power of eminent domain to any subsidiary.
History —Apr. 12, 1941, No. 26, p. 388, § 11; June 30, 1955, No. 106, p. 622, § 6; June 27, 1958, No. 131, p. 315, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 265 - Acquisition of property; condemnation—Declaration of public utility

For the ends and purposes of § 264 of this title and of all works and projects that may be carried out by the Authority and its subsidiaries pursuant to the provisions hereof, all real and personal property and all right or interest therein, necessary for the purposes stated, acquired by condemnation proceedings, whether the proceedings are instituted by the Commonwealth of Puerto Rico or directly by the Authority, are hereby declared of public utility, and the said real or personal property and any right or interest therein may be condemned without the prior declaration of public utility provided in § 2902 of Title 32, as heretofore or hereafter amended.
History —Apr. 12, 1941, No. 26, p. 388, added as § 11-a on Nov. 20, 1942, No. 8, p. 28; June 30, 1955, No. 106, p. 622, § 6, eff. 30 days after June 30, 1955.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 266 - Cession of property—By Commonwealth

The Governor of Puerto Rico is hereby authorized to cede to and apply to the uses and purposes of the Authority, upon the approval of the Council of Secretaries of Puerto Rico, and with or without compensation, any real property or estate thereon now belonging, or which may in the future belong, to the Commonwealth of Puerto Rico, which he may find necessary or advisable for the purposes of the Authority; Provided, That such cession or application shall not be made except with the consent of the department or agency of the Commonwealth Government having jurisdiction or dominion over such property.
History —Apr. 12, 1941, No. 26, p. 388, § 12, eff. 90 days after Apr. 12, 1941.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 267 - Cession of property—By municipalities and subdivisions; acceptance by Authority or subsidiaries; powers

Notwithstanding any provision of law to the contrary, all the municipalities and political subdivisions of Puerto Rico are hereby authorized to cede and transfer to the Authority, at the request of the latter and upon reasonable terms and conditions, any real property or estate thereon (including real estate already devoted to the public use) which the Authority may deem necessary or advisable to carry out its purposes.
(a) The Land Authority or any of its subsidiary corporations may accept and receive from any agency, department, public corporation, board, commission, dependency, instrumentality, municipality, or any other political subdivision or any other part of the Commonwealth of Puerto Rico any land, real property, property, equipment, materials, supplies, project, operation, activity, program, enterprise, funds, personnel, credits, obligations, contributions, or any other aid, effects or things, through purchase, assignment, transfer, exchange, lease, devise or bequest, gift, or otherwise, and may do everything necessary to carry out such transactions when necessary and advisable to carry out its purposes; and the other agencies or parts above mentioned and any other parts involved in such transactions are hereby authorized to carry out such transactions and to do everything necessary so that the same be executed.
History —Apr. 12, 1941, No. 26, p. 388, § 13; June 27, 1958, No. 131, p. 315, § 7.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 268 - Acquisition of property of corporations possessing more than 500 acres—Declaration of emergency

In harmony with what is expressed in the Statement of Motives of this act, the Legislature of Puerto Rico declares that the development of corporative latifundia in Puerto Rico has created a state of emergency which requires the immediate rescue of the lands from those [juridical] persons who monopolize them, and demands the end of the dominion, possession, or control of the lands by such persons, as these are defined in §§ 401—407 of this title, as an undeferrable necessity which fundamentally affects the welfare of the inhabitants of Puerto Rico. For the purpose of carrying out this declaration and of making it quickly effective, there is conferred on the Land Authority of Puerto Rico the power of expropriation for the purposes herein determined. For such purpose, the Authority can acquire lands through judicial proceedings, using therefor, when it considers it necessary and advantageous, the power of expropriation; Provided, That the Authority can exercise said power of expropriation only against [juridical] persons who, by possessing more than five hundred acres, are violating the provisions of §§ 241 et seq. of this title, and such power of expropriation shall not be exercised against natural persons unless the lands in question belonged, on February 10, 1941, to some [juridical] person as defined in said §§ 401—407 of this title.
History —Apr. 12, 1941, No. 26, p. 388, § 14; Mar. 29, 1945, No. 8, p. 28.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 269 - Acquisition of property of corporations possessing more than 500 acres—Jurisdiction of proceedings

The Court of First Instance shall have cognizance over such proceedings, and it shall be the duty of the Secretary of Justice of Puerto Rico and/or the legal advisor of the Authority, when the Authority should so determine and request to begin said proceedings.
History —Apr. 12, 1941, No. 26, p. 388, § 15, eff. 90 days after Apr. 12, 1941.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 270 - Acquisition of property of corporations possessing more than 500 acres—Declaration of taking

In any proceeding filed or which may be filed by or in behalf of the Land Authority of Puerto Rico for the acquisition of land for the purposes specified in §§ 241 et seq. of this title, the Authority may file in the same cause, together with the petition or at any time before judgment is rendered, a declaration of taking for the acquisition and material delivery of the property the object of condemnation, signed by the person or entity empowered by law to seek the condemnation in question, declaring that said property is sought for the use of the Land Authority of Puerto Rico. Said declaration of taking and material delivery shall contain and shall be accompanied by:
(1) A statement of the authority under which, and the public use for which, the acquisition of said property is sought.
(2) A description of the property sufficient for the identification thereof.
(3) A statement of the estate or interest in said property the acquisition of which is sought for purposes of public utility specified in §§ 241 et seq. of this title.
(4) A plan, in the case of property which can be so represented.
(5) The fixing of the sum of money estimated by the Authority to be just compensation for the property the acquisition of which is sought.
History —Apr. 12, 1941, No. 26, p. 388, § 16, eff. 90 days after Apr. 12, 1941.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 271 - Acquisition of property of corporations possessing more than 500 acres—Vesting of title; compensation

As soon as said declaration of taking and delivery is filed and the deposit is made in the court, for the benefit and use of the natural or artificial person or persons entitled thereto, of the amount estimated as compensation and specified in said declaration, title to the said property in fee simple absolute, or such less estate or interest therein as is specified in said declaration, shall vest in the Land Authority or in the Commonwealth of Puerto Rico, as the case may be, and said property shall be deemed to be expropriated and acquired for the use of the Land Authority or of the Commonwealth of Puerto Rico, and the right to just compensation for the same shall vest in the person or persons entitled thereto; and said compensation shall be ascertained and awarded in said proceeding and established by judgment therein, and the said judgment shall include, as part of the just compensation awarded, interest at the rate of [six] per cent (6%) per annum on the amount finally awarded as the value of the property as of the date of taking, from said date to the date of payment; but interest shall not be allowed on so much thereof as shall have been deposited and paid into the court. No sum so deposited and paid into the court shall be subject to any charge for commission, deposit, or custody.
History —Apr. 12, 1941, No. 26, p. 388, § 17, eff. 90 days after Apr. 12, 1941.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 272 - Acquisition of property of corporations possessing more than 500 acres—Payment of deposit; judgment for deficiency

Upon the application of the parties in interest, the court may order that the money deposited in the court, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in said proceeding. If the compensation finally awarded in respect to said property, or any part thereof, shall exceed the amount of the money so received by any entitled person, the court shall enter judgment against the Land Authority or against the Commonwealth of Puerto Rico, as the case may be for the amount of the deficiency.
History —Apr. 12, 1941, No. 26, p. 388, § 18, eff. 90 days after Apr. 12, 1941.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 273 - Acquisition of property of corporations possessing more than 500 acres—Surrender of possession; encumbrances, etc.; vesting of title not delayed

Upon the filing of the declaration of taking, the court shall have power to fix the time within which, and the terms upon which, the natural or artificial person in possession of the property the object of the proceeding shall surrender material possession to the petitioner. The court shall have power to make such orders in respect to encumbrances, rentals, taxes, insurance, and other charges, if any, burdening the property, as shall be just and equitable.
Provided, That no appeal in any such cause nor any bond or undertaking given therein shall operate to prevent or delay the acquisition by, or the vesting of the title to such property in the Land Authority or the Commonwealth of Puerto Rico, as the case may be, and its material delivery.
History —Apr. 12, 1941, No. 26, p. 388, § 19, eff. 90 days after Apr. 12, 1941.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 274 - Other powers of Land Authority

The powers granted to the Authority under this Article shall be independent of, and additional to, any other rights or powers which may have been granted to the Authority, and shall not limit such rights or powers.
History —Apr. 12, 1941, No. 26, p. 388, § 20, eff. 90 days after Apr. 12, 1941.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 275 - Demolition and construction during condemnation proceedings

In any case where the Authority has acquired right of possession of any land during the course of condemnation proceedings and before final judgment thereon, and in which the Authority shall be obliged to pay the amount finally awarded as compensation, the Authority may demolish any structures erected on such land and construct buildings or public works thereon.
History —Apr. 12, 1941, No. 26, p. 388, § 21, eff. 90 days after Apr. 12, 1941.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 276 - Hearings required

No judgment shall be rendered under the provisions of this Article unless a hearing has been held, in which hearing the interested natural or [juridical] persons shall have participation.
History —Apr. 12, 1941, No. 26, p. 388, § 22, eff. 90 days after Apr. 12, 1941.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 277 - Sales by receivers in quo warranto proceedings; preference of Land Authority

The Authority shall have power to acquire landholdings in excess of five hundred (500) acres at private sales held by the receivers appointed by the courts of justice in quo warranto proceedings or any other proceedings at law for the violation of §§ 241 et seq. of this title or any other Commonwealth or federal statute limiting or prohibiting the holding, possession, dominion, management, or acquisition of land in excess of five hundred (500) acres; Provided, That in the said private sales held by the said receivers, the Authority shall have preferent right to acquire said lands with priority over the rights of other persons or entities. The said receivers shall be in duty bound to begin the sale of the land within a period of not more than six (6) months from the date the receivership was established. The Land Authority shall have preferent right to purchase said land for its just value within a period which shall not exceed five (5) years, during which no sale may be made of said land to any other person or entity. This period of five (5) years may be extended for another year by the court, at the request of the Authority. After this period or these periods, the Land Authority may attend the public sale held for the disposition of such land. The Authority shall have priority or preference to purchase said land at the auction sale in those cases where it offers a price equal to that offered by the highest bidder. And the edicts to be published giving notice of such sales shall so state.
History —Apr. 12, 1941, No. 26, p. 388, § 23; May 11, 1942, No. 197, p. 996, § 8.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 279 - Division of land

Once the Authority has acquired any tract of land, it shall devote such land to proportional-profit farms, as defined and authorized in Title IV of this act, or to such other purposes of §§ 241 et seq. of this title, including direct exploitation of said land, as it may deem fitting. In case the Authority determines that the land so acquired is not adapted to the carrying out of the purposes of the Land Law directly by the Authority, the said Authority may dispose of such land in the manner it may deem most advisable.
The Authority shall fix the lease rentals to be collected on the land leased to proportional-profit farms or to other cooperatives.
History —Apr. 12, 1941, No. 26, p. 388, § 25; May 14, 1943, No. 157, p. 514; Mar. 29, 1945, No. 12, p. 36; May 14, 1948, No. 198, p. 566, § 2; June 30, 1955, No. 106, p. 622, § 7, eff. 30 days after June 30, 1955.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 284 - Assistance and cooperation of federal government

In addition to the powers vested in the Authority by other provisions of §§ 241 et seq. of this title, the same is hereby empowered to borrow money or accept contributions, grants or other financial assistance from the federal government; to receive, lease, or administer any enterprise constructed by the federal government or which is owned by the latter, and for said purposes, to comply with the conditions and execute the mortgages, deeds of trust, and the leases or agreements that may be necessary, advisable or desirable. It is the purpose and intention of §§ 241 et seq. of this title to authorize the Authority to do each and every one of the things that may be necessary or desirable to obtain the financial assistance or the cooperation of the federal government in the beginning, construction, conservation, or operation of any activity of the Authority.
History —Apr. 12, 1941, No. 26, p. 388, § 30, eff. 90 days after Apr. 12, 1941.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 285 - Other powers and duties; payment of taxes

(a) The Authority shall have all the other duties, powers, rights and obligations imposed on or vested in it by other titles of §§ 241 et seq. of this title.
(b) The plants or factories operated by the Authority or by its subsidiary corporations shall be subject to the laws and regulations heretofore or hereafter governing all the other plants or factories in Puerto Rico engaged in the processing of products of the same kind as those processed by the Authority or its subsidiary corporations in the said plants or factories. Said plants or factories, the lands where they are located, and their equipment and appurtenances, shall be subject to the payment of property taxes.
(c) The Authority shall pay, on all its activities not entrusted to the Social Programs Administration of the Land Authority of Puerto Rico, all such taxes as, under the internal revenue laws of Puerto Rico, all private entities or individuals engaged in activities of like or similar nature are bound to pay.
History —Apr. 12, 1941, No. 26, p. 388, § 31; Apr. 4, 1946, No. 269, p. 566; Apr. 26, 1949, No. 102, p. 254, § 1; June 27, 1958, No. 131, p. 315, § 8.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 286 - Limitation on acquisition of land by persons

No landholder may acquire land under the terms of Titles V and VI of this act. The provisions of this section shall not apply to any person owning a lot with an area of less than one cuerda whereon is located his family home, meeting the conditions for being his homestead. In exceptional cases, such as where a person owns land which is, due to its quality or for any other reason, inadequate to support said person and his family, the Social Programs Administration of the Department of Agriculture may make specific exceptions.
History —Apr. 12, 1941, No. 26, p. 388, § 32; June 30, 1955, No. 106, p. 622, § 7, eff. 30 days after June 30, 1955.
2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 31 - Creation and Powers (§§ 241 — 292) › Subchapter II - General Powers and Faculties (§§ 261 — 292) › § 287 - Limitation on acquisition of land by persons—Penalties

Any person who wilfully and with malice aforethought, and with the purpose of obtaining the benefits of §§ 241 et seq. of this title, declares, reports, or alleges that he does not possess, own, or control land, when such declaration, report, or allegation is false, or who transfers, cedes, or donates to another natural or [juridical] person, in any manner or by any instrumentality, means, resources, or subterfuge, land owned by himself or under his control or dominion, for the purpose of appearing as not owning, controlling or possessing land so as to obtain the benefits of §§ 241 et seq. of this title; or who has recourse to concealments, or to false or fraudulent simulations, in order to acquire or possess property under the provisions of §§ 241 et seq. of this title, shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000), or by imprisonment in jail for a term of not less than one (1) year nor more than five (5) years, or both penalties, in the discretion of the court.
History —Apr. 12, 1941, No. 26, p. 388, § 33, eff. 90 days after Apr. 12, 1941.