2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 3 - General Provisions (§§ 621-639 — 1100a) › Chapter 92 - Act to Enable the Renovation of Communities in Puerto Rico (§§ 995 — 995i) › § 995g - Intention to acquire; eminent domain

The properties included in the inventory of properties declared public nuisance may be subject to expropriation by the municipality to be transferred to any person who is willing to acquire it for reconstruction, restoration, or for building a new structure. No person may acquire more than one property under the procedure established in this chapter, except when there are two (2) or more properties apt for consolidation. The following procedure shall be observed:
(a) The acquirer shall notify the municipality of his intention to acquire the real property in question.
(b) The acquirer shall provide the municipality with a sum of money equal to the value indicated in the appraisal report, plus an amount equal to ten percent (10%) of the appraised value to cover the costs of the process, including the title search, the reimbursement to the municipality for the cost of the appraisal, summons, notary expenses, and recordation of the title in the Property Registry, as well as to cover any additional amount required by the Court of First Instance as fair compensation. Any unused sum shall be returned to the acquirer upon conclusion of the procedures. The acquirer shall be responsible for the payment of any sanctions and penalties imposed by the court as a result of his failure to cooperate in providing the funds needed to cover the fair compensation, costs, and any other litigation expense necessary to process the case.
(c) If the sum provided by the acquirer were not sufficient to cover the fair value of the property, interests thereon, costs of the process, including title search, summons, notary expenses, and recording of the title in the Property Registry, as well as to cover any additional sum required by the Court of First Instance as fair compensation, the acquirer shall be responsible for providing the municipality with the money to cover the difference. The municipality shall not transfer the ownership of the property to the acquirer until the latter has paid in full any outstanding sum related to the process. The municipality shall be empowered under the provisions of this chapter to take the pertinent collection actions against the acquirer and to attach his properties.
(d) The acquirer shall be responsible for defraying any sum imposed as fair compensation, interests, costs, penalties, sanctions, litigation expenses, and attorney fees in the event that the acquirer decides against the eminent domain process after the case has already been filed. Likewise, it shall be the responsibility of the acquirer to cover any sum imposed as fair compensation, interests, costs, penalties, sanctions, litigation expenses, and attorney fees in cases when, due to his failure to cooperate and/or to provide the funds, the municipality has to abandon the eminent domain process or the court dismisses the process.
(e) The municipality shall file the eminent domain lawsuit in accordance with the provisions of Rule 58 of the Rules of Civil Procedure of 2009.
(f) After the ruling has been issued, the municipality shall transfer to the acquirer the ownership of the property subject to the proceedings.
(g) When dealing with the transfer of two (2) or more real properties that are apt for consolidation, the buyer shall execute the public instrument to carry out the consolidation, and shall file it with the Property Registry, within six (6) months as of the transfer of the title deed.
History —Jan. 18, 2012, No. 31, § 10; Sept. 29, 2012, No. 292, § 5.