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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-6/91h/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 6 - Development of Mineral Resources (§§ 91 — 91z)›§ 91h - Production sharing
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 6 - Development of Mineral Resources (§§ 91 — 91z) › § 91h - Production sharing
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In addition to the royalties that may be established on the basis of the Puerto Rico Mining Act, as amended, all the corporations, subsidiaries or any of the ones created under this chapter and which exploit commercial minerals in Puerto Rico, shall deliver to the Commonwealth part of its production or the equivalent in money, as may be provided by the Secretary of Natural and Environmental Resources, pursuant to the Puerto Rico Mining Act, as amended and the applicable regulations.
History —July 2, 1975, No. 145, p. 433, § 9.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-6/91i/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 6 - Development of Mineral Resources (§§ 91 — 91z)›§ 91i - Personnel
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 6 - Development of Mineral Resources (§§ 91 — 91z) › § 91i - Personnel
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The personnel of the Corporation shall be included in the exempt service, as defined in Act No. 345 of May 12, 1947, as amended, known as the Personnel Act, but said personnel shall be subject to any measure that may be approved by this Legislature establishing a merit system for the employees of the Commonwealth and its instrumentalities.
For the administration of this personnel, the Corporation shall adopt a system in which merit shall be the governing principle, so that the fittest may be the ones to serve it, and that every employee be selected, trained, promoted and retained in his employment in consideration of his merit and capacity for work, without discrimination by reason of race, color, sex, birth, age, origin or social condition, or political or religious ideas. The Corporation shall send a copy of its personnel system to the Legislature which may disapprove or amend it in the regular session it may hold during or immediately after receiving same. If the Legislature fails to take action in said session on the matter, the system shall be deemed approved.
History —July 2, 1975, No. 145, p. 433, § 10.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-6/91j/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 6 - Development of Mineral Resources (§§ 91 — 91z)›§ 91j - Expenses; per diems
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 6 - Development of Mineral Resources (§§ 91 — 91z) › § 91j - Expenses; per diems
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The officials, agents and employees of the Corporation shall be entitled to the refund of expenses incurred in the performance of their official duties, or in default thereof, of the proper per diems authorized by the Board.
History —July 2, 1975, No. 145, p. 433, § 11.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-6/91k/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 6 - Development of Mineral Resources (§§ 91 — 91z)›§ 91k - Corporation funds
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 6 - Development of Mineral Resources (§§ 91 — 91z) › § 91k - Corporation funds
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Corporation funds shall be deposited in recognized depositary banks for Commonwealth funds, but shall be kept in accounts registered in the name of the Corporation.
History —July 2, 1975, No. 145, p. 433, § 12.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-6/91l/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 6 - Development of Mineral Resources (§§ 91 — 91z)›§ 91l - Disposal of surplus funds
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 6 - Development of Mineral Resources (§§ 91 — 91z) › § 91l - Disposal of surplus funds
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On or before December 31 of each year, once the Corporation has met the payment of all its operating expenses and obligations, has provided for the payment of capital of and interest on its bonds and other obligations to be met, has provided for the reserves which it deems necessary and convenient to carry out its purposes, including a reserve for development and expansion, any surplus funds remaining shall be transferred by the Corporation to the Secretary of the Treasury of the Commonwealth to be covered into the general funds.
History —July 2, 1975, No. 145, p. 433, § 13.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-6/91m/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 6 - Development of Mineral Resources (§§ 91 — 91z)›§ 91m - Conflict of interest
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 6 - Development of Mineral Resources (§§ 91 — 91z) › § 91m - Conflict of interest
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No person may be a member of the Board of Directors of the Corporation, neither of a Board of Directors of one of its subsidiaries, nor hold an executive office in the Corporation, nor in one of its subsidiaries, who has a direct or indirect economic interest in any enterprise whose business is in competition with, or which does business with the Corporation, or with one of its subsidiaries, or who holds positions in other public or private entities, operated or not for profit, which may be in conflict with the performance of his duties as director or executive.
Upon ceasing in his official functions and during the following five (5) years, the principal officers of the Corporation or its subsidiaries as well as the members of the Board of Directors thereof, shall not work for or in any way receive payment from private enterprises which have or have had contracts or transact or have transacted business with the Corporation or its subsidiaries and the business of which is competitive or might be in conflict with those of the Corporation.
The Secretary of Justice shall interpret and apply these provisions motu proprio or upon complaints or petitions filed by any citizen.
History —July 2, 1975, No. 145, p. 433, § 14.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-6/91n/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 6 - Development of Mineral Resources (§§ 91 — 91z)›§ 91n - Contract registry
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 6 - Development of Mineral Resources (§§ 91 — 91z) › § 91n - Contract registry
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Pursuant to this act, the Corporation shall file its contracts in the Department of State of the Commonwealth of Puerto Rico and once they are thus filed they shall partake of the character of public documents.
History —July 2, 1975, No. 145, p. 433, § 15.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-6/91o/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 6 - Development of Mineral Resources (§§ 91 — 91z)›§ 91o - Construction and purchase contracts
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 6 - Development of Mineral Resources (§§ 91 — 91z) › § 91o - Construction and purchase contracts
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All purchases and contracts for supplies or services, except personal services, made by the Corporation, including construction contracts for works thereof, shall be made by calls for bids sufficiently in advance of the date of opening the proposals, for the Corporation to guarantee adequate notice and opportunity to present bids; Provided, That when the estimated amount for the purchase or work does not exceed thirty thousand dollars ($30,000), the same may be carried out without the call for bids. No calls for bids shall be necessary, however, when:
(1) An emergency requires the immediate delivery of materials, supplies, equipment, or rendering of services.
(2) Spare parts, accessories, supplemental equipment or services are required for supplies or services previously furnished or contracted for.
(3) Professional or expert services or work are required and the Corporation deems it in the best interest of sound administration that such services or work be contracted for without such calls.
(4) The prices are not subject to competition because there is only one source of supply or because they are regulated by law; in such cases the purchase of materials, supplies and equipment or the obtainment of such services, may be made in the open market in the customary manner in commercial practice. In comparing bids and making awards, due consideration shall be given to factors (in addition to whether the bidder has complied with the specifications) such as the ability of the bidder to perform construction work of the kind involved in the contract under consideration; the relative quality and adaptability of the materials, supplies, equipment or services; the bidder’s economic responsibility, his skill, experience, reputation of commercial integrity and ability to render repair and maintenance services; the time of delivery or performance offered and whether the place of manufacture of the materials, supplies and equipment is located in Puerto Rico. There shall also be exempted from the requirements of this section, all contracts for personal services and those contracts concerning materials, equipment, supplies or services executed with any subsidiary company of the Corporation and any modifications of said contracts. The Corporation may decree regulations for the presentation of bids.
A written statement shall be made in each case of the reasons why, within the scope of this chapter, no bids were called. Said statement shall set forth accurately the circumstances that in each case the exercise of the power not to call bids requires. The Board of Directors shall ratify these decisions.
History —July 2, 1975, No. 145, p. 433, § 16.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-6/91p/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 6 - Development of Mineral Resources (§§ 91 — 91z)›§ 91p - Corporation bonds
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 6 - Development of Mineral Resources (§§ 91 — 91z) › § 91p - Corporation bonds
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(a) The Corporation is hereby empowered to issue, from time to time, its own bonds for the principal amounts which, in the opinion of the Corporation, may be necessary or adequate to pay or to provide funds to achieve any of the corporate purposes, including the payment of interest on bonds of the Corporation for the period that the Corporation may determine, the establishment of reserves to secure such bonds, to pay the cost of, refund, redeem, purchase, attend, pay or discharge any outstanding bonds of the Corporation or the bonds, debts, other obligations or preferred stock of any company whose shares are acquired by the Corporation and to pay all other expenses of the Corporation incidental to, and necessary or convenient for, the exercise of its powers and the accomplishment of its corporate purposes.
The bonds issued by the Corporation shall be secured by the good faith and credit of the Corporation and shall be payable in whole or in part from the income received by the Corporation from its operations and from the sale or lease by the Corporation of any equipment, or from any other funds available to the Corporation, as may be provided in the trust agreement of the Corporation under which the bond issue is authorized. The principal of and interest on any bonds issued by the Corporation may be secured by the pledging of all or part of said income and other funds available to the Corporation. The trust agreement securing the bonds may contain provisions which shall form part of the contract with the holders of the bonds issued thereunder, in regard to the pledging and creation of liens on the income and assets of the Corporation, to the establishment and maintenance of sinking and reserve funds, as to limitations on the purposes to which the proceeds of the bonds may be applied, to limitations relating to the issuance of additional bonds, limitations as to amending or supplementing any such trust agreement, as to the granting of rights, powers and privileges to the trustees and the imposing on them of obligations and responsibilities under the trust agreement, as to the keeping of an insurance with respect to its facilities, the rights, powers, obligations, and responsibilities, which may arise in case of nonpayment or nonperformance of any obligation under said agreement or trust, and as to any rights, powers or privileges conferred on bondholders as security of the bonds, and as to any other matter not in conflict with the provisions of this chapter which may be necessary or convenient to secure the bonds and enhance their marketability.
(b) The bonds may be authorized by resolution or resolutions of the Board and they shall specify the series, date or dates of maturity term or terms, not exceeding fifty (50) years from their respective dates of issuance, bear interest at such rate or rates not exceeding the maximum legal rate and shall be payable at the place fixed within or outside the Commonwealth; shall be in small denominations in form of bonds, either with coupons or registered; may have registration or conversion privileges, may be executed in such manner as agreed, may be payable in usual mediums of payment, may be subject to the terms of redemption established, with or without premium, may be authenticated in such manner upon compliance with such conditions and as may be provided by said resolution or resolutions. The bonds may be sold at public or private sale preferably to Puerto Rican buyers at the price or prices that the Corporation may determine and convertible bonds may be sold or exchanged for outstanding bonds of the Corporation in accordance with the terms which the Board may deem to be in the best interest of the Corporation. Notwithstanding the form and text thereof, and in the absence of an express recital on the face of the bond that the same is not negotiable, all the bonds of the Corporation, including any coupons appertaining thereto, shall have and shall be understood to have, at all times, all the qualities, properties and characteristics (including negotiability) of negotiable instruments under the laws of the Commonwealth.
(c) The proceeds of the bonds of each issue shall be applied solely to the purposes for which such bonds have been issued and shall be disbursed in the manner and under the restrictions, if any, that the Corporation may establish in the trust agreement providing for the issuance of such bonds.
(d) Except as otherwise provided in § 91v of this title, bonds may be issued under the provisions of this chapter without the consent of any department, division, commission, board, body, bureau or agency of the Commonwealth of Puerto Rico and without any other procedure or the occurrence of any condition or thing other than those procedures, conditions or things specifically required herein and by the provisions of the resolution authorizing the issuance of such bonds or the trust agreement securing the same.
(e) The bonds of the Corporation bearing the signature or facsimiles of the signatures of the officers of the Corporation in office on the date of the signing thereof, shall be valid and shall constitute binding obligations even if before the delivery and payment of such bonds, any or all of the officials whose signature or facsimile signatures appear thereon have ceased as such officers of the Corporation. The validity of the authorization and issuance of the bonds shall in no way depend on or be affected by any procedure relating to the construction or acquisition of any facility for which the bonds are issued, nor by any contract executed in relation thereto. Any trust agreement securing the bonds may provide that such bonds may contain a recital that they are issued pursuant to the provisions of this chapter, and any bond containing such recital, under authority of such trust agreement, shall be conclusively deemed to be valid and to have been issued in conformity with the provisions of this chapter. Neither the members of the Board nor any person executing the bonds shall be personally liable therefor. The Corporation is authorized to purchase any outstanding bonds issued or assumed by it, with any funds available therefor, at a price not exceeding the principal amount or the current redemption price thereof plus accrued interest.
History —July 2, 1975, No. 145, p. 433, § 17; June 3, 1976, No. 133, p. 384.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-6/91q/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 6 - Development of Mineral Resources (§§ 91 — 91z)›§ 91q - Trust agreement
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 6 - Development of Mineral Resources (§§ 91 — 91z) › § 91q - Trust agreement
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In the discretion of the Corporation, any bond issued under the provisions of this chapter may be secured by a trust agreement executed by and between the Corporation and a corporate trustee which may be any trust company or bank with the powers of a trust company in or outside the Commonwealth. It shall be legal for any bank or trust company incorporated under the laws of the Commonwealth or of any state of the Union which may act as depository of the proceeds of the bonds, income and other money under this chapter, to furnish the bonds or pledge the guarantees that the Corporation may require. In addition to the foregoing, any trust agreement shall contain such provisions as the Corporation may deem reasonable and proper for the security of the bondholders.
History —July 2, 1975, No. 145, p. 433, § 18.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-6/91r/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 6 - Development of Mineral Resources (§§ 91 — 91z)›§ 91r - Default of payment of bonds; receivership
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 6 - Development of Mineral Resources (§§ 91 — 91z) › § 91r - Default of payment of bonds; receivership
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(a) In the event that the Corporation shall default in the payment of the principal of, or interest on, any of its bonds, after the same shall become due, whether it be at their maturity or upon call for redemption, and such default continues for a period of thirty (30) days, or in case the Corporation violates any agreement made with the bondholders, any holder or holders of bonds (subject to any contractual limitation as to a specific percentage of such holders) or the trustee therefor, shall have the right to apply in an appropriate judicial proceeding to any court of competent jurisdiction in Puerto Rico, for the appointment of a receiver for the Corporation, the revenues of which are pledged to the payment of the bonds in default, whether or not all the bonds have been declared due and payable and whether or not such holder or trustee therefor is seeking or has sought to enforce any other right or to exercise any other remedy in connection with such bonds. Upon such application the court may appoint, and if the application is made by the holders of twenty-five percent (25%) in principal amount of the outstanding bonds or by any trustee for the holders of bonds in such principal amount, it shall appoint, a receiver.
(b) The receiver so appointed shall forthwith, personally or by his agents and attorneys, enter into and take possession of the Corporation, and he may wholly include the Corporation, its officers, agents and employees and all persons thereunder, and shall have, possess, use, operate, administer and control the Corporation and, in the name of the Corporation or, otherwise, as he may deem best, shall exercise all rights and powers of the Corporation as the Corporation itself might do. Said receiver shall maintain, restore, insure and keep insured, the properties of the Corporation and from time to time shall make all such necessary and pertinent repairs as he may deem convenient; shall establish, levy, maintain, and collect such fees, rentals and other income as he may deem necessary, proper and reasonable, and shall collect and receive all revenues and deposit them in a separate account and shall apply said revenues so collected and received in such manner as the court may direct.
(c) When all that is due upon the bonds, including interest thereon, and upon any other notes which constitute a lien, encumbrance or obligation on the revenues of the Corporation and under any terms of any contract or agreement with the bondholders, shall have been paid or deposited as provided therein, and all violations in consequence of which a receiver may be designated shall have been corrected and made good, the court may, in its discretion and after such notice and public hearing as it may deem reasonable and proper, order the receiver to surrender possession of the Corporation, and the same right of the bondholders to obtain the appointment of a receiver upon any subsequent violation as previously provided shall subsist.
(d) In the performance of the powers above conferred upon him, said receiver shall act under the direction and supervision of the court and shall at all times be subject to its orders and decrees, and he may be removed by said court. Nothing herein contained shall limit or restrict the jurisdiction of the court to issue such other further orders and decrees as it may deem necessary and proper to permit the receiver to exercise any of the functions specifically set forth in this chapter.
(e) Notwithstanding any provision to the contrary contained in this section, said receiver shall have no power to sell, assign, mortgage, or otherwise dispose of any assets of whatever kind or nature belonging to the Corporation, but the powers of such receiver shall be limited to the operation of the Corporation and to the collection and application of the income that may accrue and be received, and the court shall not have jurisdiction to issue any order or decree requiring or permitting said receiver to sell, mortgage or otherwise dispose of any such assets.
History —July 2, 1975, No. 145, p. 433, § 19.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-6/91s/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 6 - Development of Mineral Resources (§§ 91 — 91z)›§ 91s - Remedies of bondholders
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 6 - Development of Mineral Resources (§§ 91 — 91z) › § 91s - Remedies of bondholders
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(a) Any bondholder or trustee therefor, subject to any contractual limitations binding upon the holders of any bond issue, or trustees therefor, including, but without limitation to, the restriction of a specific proportion or percentage of such holders to exercise any remedy, shall have the right and power, for the equal benefit and protection of all bondholders in a similar situation, to:
(1) By mandamus or other suit, action, or proceeding at law or in equity, enforce his rights against the Corporation and its Board, officers, agents and employees to perform and carry out their duties and obligations under this chapter, as well as their covenants and agreements with the bondholders;
(2) by action or suit in equity, require the Corporation and its Board to account as if they were the trustee of an express trust;
(3) by action or suit in equity, enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders, and
(4) to bring suit upon the bonds.
(b) No remedy granted hereunder to any bondholder or trustee therefor, is intended to be exclusive of any other remedy, but each such remedy is cumulative and in addition to every other remedy, and may be exercised without exhausting and without regard to any other remedy granted by this chapter or any other act. No waiver of any violation or nonperformance of duties or contracts, whether by any bondholder or trustee therefor, shall cover or affect any subsequent default or nonperformance of duties or contracts or shall impair any rights or remedies thereon. No delay or omission on the part of any bondholder or trustee therefor in exercising any right or power he may have in case of any default shall impair such right or power nor shall it be construed to be an acquiescence or consent to any such default. Every substantive right and every remedy conferred upon bondholders may be enforced or exercised from time to time and as many times as may be deemed convenient. In case any suit, action or proceeding to enforce any right or exercise any remedy is brought or taken and then discontinued or abandoned, or determined against the bondholder, or the trustee therefor, then, in every such case the Corporation and said bondholder or trustee shall be restored to their former positions, rights and remedies as if no such suit, action, or proceeding had been brought or taken.
History —July 2, 1975, No. 145, p. 433, § 20.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-6/91t/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 6 - Development of Mineral Resources (§§ 91 — 91z)›§ 91t - Tax exemption
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 6 - Development of Mineral Resources (§§ 91 — 91z) › § 91t - Tax exemption
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(a) The Corporation and its subsidiaries shall be exempt from payment of commonwealth and municipal duties, taxes and excises except income tax.
(b) The Corporation shall also be exempt from payment of all kinds of fees, taxes or duties required or that may be required hereafter by laws to institute judicial proceedings, the issuance of certificates in all the offices and dependencies of the Government, the execution of public documents and their registration in the registry of property.
(c) In order to facilitate the procurement of funds by the Corporation to enable it to carry out its corporate purposes, all bonds issued or to be issued by the Corporation and the income therefrom shall be and remain at all times exempt from payment of every tax.
(d) Nothing provided in this section shall be understood to exempt from tax, duties, fees, or excises, private persons, corporations or partnerships, except for the provision concerning the income from bonds issued by the Corporation.
(e) Partially-possessed subsidiary corporations engaged in extraction shall not be entitled to tax exemption.
History —July 2, 1975, No. 145, p. 433, § 21.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-6/91u/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 6 - Development of Mineral Resources (§§ 91 — 91z)›§ 91u - Acquisition of property by condemnation
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 6 - Development of Mineral Resources (§§ 91 — 91z) › § 91u - Acquisition of property by condemnation
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When in the judgment of the Corporation it becomes necessary to take immediate possession of property, rights or interests therein which the Corporation has declared as necessary or convenient to carry out its purposes, the Corporation shall request the Governor to acquire, in the name of the Commonwealth of Puerto Rico, and he shall have power to acquire, by purchase, condemnation, or any other lawful means, for the use and benefit of the Corporation, such property, rights or interests therein, as requested. The Corporation shall deposit in advance with the Secretary of the Treasury of the Commonwealth of Puerto Rico funds estimated as the value of the property, rights or interests to be acquired.
Any difference in value determined by a court of competent jurisdiction may be paid from the Commonwealth Treasury, but the Corporation shall be under obligation to reimburse such difference. Once it is proved before the court that the reimbursement has been fully made to the Commonwealth Treasury, there shall be conveyed to the Corporation, by order of the court, title to the property, rights or interests acquired; Provided, That in those cases in which the Governor of the Commonwealth of Puerto Rico may deem it necessary and convenient that the property title and/or rights or interests thus acquired by registered directly in behalf of the Corporation in order to expedite fulfillment of the ends and purposes for which it was created, he may so request from the court at any time within the eminent domain proceedings, and if the court so orders; the registrar of property shall, upon presentation to him of the corresponding legal documents, proceed to make the recording of the property title, rights or interests in question in behalf of the Puerto Rico Mineral Resources Development Corporation. The power hereby conferred shall in nowise limit or restrict the power of the Corporation to acquire property by any lawful means, including condemnation.
History —July 2, 1975, No. 145, p. 433, § 22.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-6/91v/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 6 - Development of Mineral Resources (§§ 91 — 91z)›§ 91v - Transfer of Commonwealth property to the Corporation
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 6 - Development of Mineral Resources (§§ 91 — 91z) › § 91v - Transfer of Commonwealth property to the Corporation
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The title to any property of the Commonwealth of Puerto Rico, heretofore or hereafter acquired and which may be deemed necessary or convenient to carry out the purposes of the Corporation, may be transferred to the Corporation by the head of the agency owning said property, or by the person having custody thereof, under such terms and conditions as the Governor of Puerto Rico may determine.
History —July 2, 1975, No. 145, p. 433, § 23.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-6/91w/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 6 - Development of Mineral Resources (§§ 91 — 91z)›§ 91w - Fiscal Agency Act
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 6 - Development of Mineral Resources (§§ 91 — 91z) › § 91w - Fiscal Agency Act
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The Corporation shall be subject to the provisions of §§ 581—595 of Title 7, known as the “Fiscal Agency Act”, under which all its financing shall be made, through, and with the approval of the Government Development Bank for Puerto Rico.
History —July 2, 1975, No. 145, p. 433, § 24.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-6/91x/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 6 - Development of Mineral Resources (§§ 91 — 91z)›§ 91x - Legal investments
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 6 - Development of Mineral Resources (§§ 91 — 91z) › § 91x - Legal investments
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The bonds of the Corporation shall be legal investments and may be accepted as security for all fiduciary, trust and public funds, the investment or deposit of which shall be under the authority or control of the Commonwealth or of any officer or officers thereof.
History —July 2, 1975, No. 145, p. 433, § 25.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-6/91y/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 6 - Development of Mineral Resources (§§ 91 — 91z)›§ 91y - Agreement of the Commonwealth with bondholders
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 6 - Development of Mineral Resources (§§ 91 — 91z) › § 91y - Agreement of the Commonwealth with bondholders
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The Commonwealth does hereby pledge to and agree with the holders of any bonds issued under this chapter, and with any parties who may enter into contracts with the Corporation pursuant to the provisions of this chapter, that the Commonwealth will not limit or alter the rights hereby conferred to the Corporation until such bonds, together with the interest thereon, are fully met and redeemed and such contracts are fully complied with by the Corporation.
History —July 2, 1975, No. 145, p. 433, § 26.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-6/91z/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 6 - Development of Mineral Resources (§§ 91 — 91z)›§ 91z - Annual reports
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 6 - Development of Mineral Resources (§§ 91 — 91z) › § 91z - Annual reports
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The Corporation shall submit to the Legislative Assembly and to the Governor of Puerto Rico, within ninety (90) days after the close of each semester, complete reports, individual as well as consolidated, on the businesses conducted by the Corporation and its subsidiaries during the preceding semester. These reports shall include minimally the following:
(a) Balance sheet.
(b) Statement of receipts and disbursements.
(c) A projection of cash flow for the fiscal year.
(d) Statistical charts properly reflecting the operational phases of the Corporation and its subsidiaries. The statistics shall be characterized by their reliability, compatibility and comparability.
(e) A statement of the capital investments made and of the assets sold or otherwise alienated or leased during the period.
History —July 2, 1975, No. 145, p. 433, § 27.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-7/110/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 7 - Mines (§§ 110 — 125-180)›§ 110 - Statement of public policy
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 7 - Mines (§§ 110 — 125-180) › § 110 - Statement of public policy
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It is hereby declared that it is the public policy of the Commonwealth to exploit and utilize the mineral resources of Puerto Rico for the benefit of their legitimate owner, the Puerto Rican People, constituted by the present and future generations.
The utilization of these nonrenewable resources must be planned with the utmost care so that it contributes to the integral and permanent development of the country and of the regions where such resources exist.
The Government shall make the efforts required to guarantee that industries able to use these resources as raw materials are established in Puerto Rico. Hence a more intense industrial activity and a greater economic production would be attained for the country. Notwithstanding the preceding, the extraction of metallic minerals using open pit or strip mining techniques or any other method that significantly alters the natural characteristics existing in the mining zone is hereby prohibited.
Likewise, it is hereby established that the public policy of the Commonwealth is to exploit its minerals in a manner compatible with the conservation of the other resources and the protection of environmental values. To this end we declare that the norms and regulations relating to the environmental quality in force in Puerto Rico may not be the object of negotiation or transaction in any contract concerning the exploitation of mineral deposits. It is likewise declared that it is the public policy of the Commonwealth to impose upon the mining enterprises the obligation to employ the most advanced techniques that science may develop for the prevention of damages and of the environmental hardships their operations may entail.
To attain that these mineral resources contribute to the integral development of the People of Puerto Rico, the Government of the Commonwealth shall examine the options which permit their exploitation and the flow of capital and the necessary technology therefor.
—Aug. 18, 1933, No. 9, p. 32, added as § 1 on Oct. 29, 1975, No. 10, p. 766, § 1; June 30, 1995, No. 73, § 1.
History
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-7/111/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 7 - Mines (§§ 110 — 125-180)›§ 111 - Commercial minerals
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 7 - Mines (§§ 110 — 125-180) › § 111 - Commercial minerals
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Commercial minerals are the metallic and combustible substances, petroleum and all natural hydrocarbon compounds that compose, found therein or are derived therefrom; natural gas, precious stones and such other substances as may from time to time be declared commercial minerals by the Secretary of Natural and Environmental Resources, due to new uses found for such substances or their greater value under given circumstances of processing or manufacture or any other industrial or commercial factors.
Ownership of the commercial minerals found in the soil and subsoil of Puerto Rico, its adjacent islands and in surrounding waters and submerged lands next to their coasts up to where the depth of the waters allows their exploitation and utilization, in an extension of not less than three marine leagues, belongs to the Commonwealth of Puerto Rico, which may exploit them directly or authorize their exploitation by other natural or artificial persons through leases executed by the Secretary of the Department of Natural and Environmental Resources and approved by the Governor of the Commonwealth of Puerto Rico.
For the purposes of this chapter, the term “marine league” shall mean 5,556 meters (3.45 land miles or 3 nautical miles).
History —Aug. 18, 1933, No. 9, p. 32, § 1; Oct. 6, 1954, No. 6, p. 48, § 1; June 27, 1969, No. 96, p. 257, § 1; renumbered as § 1A and amended on Oct. 29, 1975, No. 10, p. 766, § 2; July 17, 1979, No. 115, p. 279.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-7/114/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 7 - Mines (§§ 110 — 125-180)›§ 114 - Other substances
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 7 - Mines (§§ 110 — 125-180) › § 114 - Other substances
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Substances not classified as commercial minerals are free from the controls and limitations of this chapter.
A landowner has exclusive rights to the use and utilization of the fertility of his property and of the minerals providing such fertility and therefore he may alter the surface of his land and extract therefrom and sell any materials which are not or have not been classified as commercial minerals. It is recognized that extraction of commercial minerals lowers the value of property as regards its use or utilization for other purposes, and therefore the property owner must be compensated for such loss of value.
Siliceous and calcareous mineral substances, sand, argillaceous, magnesian and ferruginous earth, clay and other substances of this kind which may be used for construction, agriculture, or the arts, shall be under the surveillance of the Department of Natural and Environmental Resources.
History —Aug. 18, 1933, No. 9, p. 32, § 3; Oct. 6, 1954, No. 6, p. 48, § 1; renumbered as § 2 and amended on June 27, 1969, No. 96, p. 257, § 3; Oct. 29, 1975, No. 10, p. 766, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-7/115/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 7 - Mines (§§ 110 — 125-180)›§ 115 - Mining Commission
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 7 - Mines (§§ 110 — 125-180) › § 115 - Mining Commission
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A Mining Commission is hereby created, attached to the Office of the Governor of Puerto Rico and consisting of one representative of the Planning Board, another of the Department of Transportation and Public Works, another of the Department of Agriculture, another of the Department of Justice, another of the Department of Health, another of the Department of the Treasury, another of the Economic Development Administration and two representatives of the public interest. The said Commissioners shall be appointed by the Governor and each of them shall perform his duties until the Governor shall have designated his successor. The Governor shall designate one of the said Commissioners as Chairman of the Commission, and the said Chairman may, in turn, designate any other Commissioner to act as chairman in the event of his absence or inability to act as such. The Commission shall appoint with the approval of the Governor, an Executive Secretary who shall fulfill the office at the will of the Commission and until his successor is appointed and qualifies. The Commission shall determine the duties, powers and compensation of the Executive Secretary.
History —Aug. 18, 1933, No. 9, p. 32, § 4; Oct. 6, 1954, No. 6, p. 48, § 1; subdivided and renumbered as § 3 and amended on June 27, 1969, No. 96, p. 257, § 4; May 28, 1970, No. 47, p. 113, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-7/115a/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 7 - Mines (§§ 110 — 125-180)›§ 115a - Duties and powers of the Secretary of Natural and Environmental Resources
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 7 - Mines (§§ 110 — 125-180) › § 115a - Duties and powers of the Secretary of Natural and Environmental Resources
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The Secretary of Natural and Environmental Resources shall be vested with the following duties and powers:
(a) He shall adopt, amend and repeal rules and regulations with respect to the exploitation, development and utilization of commercial minerals.
Before adopting or amending any rules and regulations, the Secretary of Natural and Environmental Resources shall hold public hearings. At least thirty (30) days before holding a hearing, he shall publish in two newspapers of general circulation a public notice with the date, place, and nature of such hearing, as well as the place and manner for obtaining additional information concerning the matter to be discussed in the hearing.
Once the rules and regulations are adopted or amended as aforesaid, the Secretary shall submit same to the Legislature for consideration. The latter may express by concurrent resolution its disagreement with any aspect of the rules and regulations within forty-five (45) days of regular or special session following the date the same was submitted to it. Such action shall suspend the effect of the part so objected to by the Legislature. Once said term expires without the Legislature taking action on the rules and regulations involved, it shall be understood that they have been approved and shall be in force when the provisions in §§ 2101 et seq. of Title 3 have been complied with. The present rules and regulations shall remain in effect until they are amended or repealed by the Secretary of Natural and Environmental Resources as above provided.
(b) He shall from time to time determine the substances that shall be deemed commercial minerals subject to control pursuant to this chapter.
(c) Shall issue [prospecting] permits upon duly notifying the beneficiaries thereof that if prospecting for the mining of minerals is to be carried out, “open pit” or “strip mining” extraction methods shall not be used.
(d) He shall negotiate and agree upon the terms and conditions of leases and execute them on behalf of the Commonwealth of Puerto Rico, as established in the statement of public policy of this chapter and including in such negotiation, but without limitation, the fixing of royalties and the fees for the government share in the gross or net production of commercial minerals in excess of the minimum to that effect established by this chapter, the reasonable contributions to defray social costs inherent in the operation, as well as charges for governmental services, bonds to be required, and whatever other charges are necessary and convenient.
(e) He shall collect the royalties, the fees for the government share in the production, the charges and all the lease rentals or any other fees or payments prescribed by this chapter and shall administer the bonding of the works of prospecting, exploitation, and extraction of commercial minerals.
(f) He shall pass upon and decide all matters and controversies arising with regard to mining under the provision of this chapter and the regulations promulgated thereunder. The Secretary shall have jurisdiction to solve controversies relating to rights of entry, compensation to owners of real estate rights, as well as to arbitrate in whatever other controversies that may ensue between the owners and the natural or artificial persons authorized to engage in mining activities.
(g) He shall establish, supervise, and keep the register in which the areas to be prospected as well as the prospecting permits and leases awarded shall be recorded.
(h) He shall establish an office where maps, assays, surveys, and all other information related to the mining potential of the Commonwealth of Puerto Rico shall be kept. These documents shall be of a public nature.
(i) He shall actively promote the divulgence of all knowledge obtained with regard to the existence and availability of commercial minerals in Puerto Rico.
(j) He shall, by himself or through his authorized representatives, receive testimony, administer oaths, issue summonses requiring the attendance of witnesses or the production of documentary or other evidence when he deems it necessary for accomplishing the purposes of this chapter and of the rules and regulations promulgated thereunder. He may also issue orders to do or not to do, cease and desist, and, upon a previous hearing, impose sanctions or administrative fines up to a maximum of two hundred thousand dollars ($200,000) for violations of this chapter or of the rules and regulations and orders issued thereunder. The Secretary may appear before the Court of First Instance, San Juan Part, to request that said court command compliance with any summons or order issued by him.
Any person adversely affected by a resolution, order or decision of the Secretary of Natural and Environmental Resources may apply for reconsideration within the term of fifteen (15) days after having received notice of said resolution, order or decision. The petition for reconsideration to the Secretary of Natural and Environmental Resources shall be mandatory when the party files an action for judicial review of the resolution, order or decision made by the Secretary of Natural and Environmental Resources, when the review action is based on issues of law or findings of facts that have been before the Secretary of Natural and Environmental Resources.
(k) Upon the previous approval of the Governor and subject to the provisions of §§ 2901—2913 of Title 32 in force, he may institute condemnation proceedings so as to establish any kind of easement or to acquire property or any right or interest therein, when in his understanding such actions are necessary to perform the duties and responsibilities assigned to him by this chapter and to guarantee the rights of prospecting and exploitation of mineral deposits he may have granted.
Whenever the immediate taking of the property to be condemned is, in his judgment, necessary, the Secretary may acquire by purchase, condemnation, or any other legal means, for the use and benefit of the Commonwealth, of its permit holders or of any other grantees, such properties or property rights as may be necessary and suitable for the ends and purposes of this chapter. The Secretary shall previously deposit with the court the necessary funds to cover the value of the properties or rights to be acquired, and to this end, in the proper cases, the permit holder or any other grantee in whose behalf the properties are to be acquired, shall deposit the said funds for the abovementioned purposes. Any difference in value decreed by the court may be paid from the Public Treasury, but the Secretary shall be bound to refund same. As security for the fulfillment of this obligation, the Secretary shall in such cases require of the party concerned the proper bond, underwritten by sureties acceptable to the Secretary and who are unanswerable to him for the said refund as well as for any liability assumed or incurred by the Secretary under §§ 2901—2913 of Title 32. Upon such refund in full, the title to said property shall be conveyed to the Commonwealth or directly to the party concerned, by order of the court, through the proper instrument to such effect.
All personal or real property and every right or interest therein which the Secretary may consider necessary to acquire for himself, or for others, to carry out the purposes of this chapter, are hereby declared of public utility and may be condemned by the Secretary for the use and benefit of the Commonwealth or of its permit holders and grantees, without the prior declaration of public utility provided in § 2902 of Title 32. The public need or utility of entering upon and occupying the surface of lands wherein commercial minerals are being or are to be exploited, is also hereby declared.
Condemnation proceedings instituted by virtue of the preceding provisions shall be conducted in accordance with the provisions of §§ 2901—2913 of Title 32, and for such purposes the Secretary shall enjoy all the rights and assume all the obligations prescribed by said law with respect to every condemning authority.
(l) The Secretary may from time to time inspect the works involved in prospecting for and exploiting commercial minerals, as well as the books and files of the persons and entities carrying out such works, which provision the Secretary shall include as a condition in every prospecting and mining permit granted under this chapter.
(m) He may bring actions in the Court of First Instance of Puerto Rico for the purpose of collecting lease rentals or any other charges, fees, royalties, or payments prescribed by this chapter.
(n) The Secretary shall appoint and hire the necessary temporary or permanent personnel to carry out the ends and purposes of this chapter and shall fix the duties and compensation thereof. Said personnel shall be included in the Exempt Service.
(o) He may declare reserve areas or study zones over which no prospecting permits shall be issued nor leases granted. The purpose and duration of such classifications shall be those which in the Secretary’s judgment are to the best interests of the people of Puerto Rico.
(p) The secretary shall not grant metallic mineral [prospecting] permits if “open pit” or “strip mining” technology is to be used.
History —Aug. 18, 1933, No. 9, p. 32, § 4; Oct. 6, 1954, No. 6, p. 48, § 1; June 27, 1969, No. 96, p. 257, § 4; Oct. 29, 1975, No. 10, p. 766, § 4; June 30, 1995, No. 73, §§ 2, 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-7/116/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 7 - Mines (§§ 110 — 125-180)›§ 116 - Prospecting permits
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 7 - Mines (§§ 110 — 125-180) › § 116 - Prospecting permits
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The Commission may issue both of the following types of prospecting permits:
(a) Exclusive prospecting permits.— Exclusive prospecting permits may be granted for the purpose of protecting priority rights while considering subsequent leases of a prospecting area or of any part thereof, under the following conditions:
(1) The permit shall be limited to one specific mineral unless it is granted for several minerals due to their close mineral relationship or to any other substantial reason.
(2) The permit shall be limited as to area, which shall be fixed by the Commission according to the circumstances in each case and taking into account, among other factors, the type of mineral or minerals sought, the estimated availability of same if such estimation is possible at that stage, and the commercial value of the said mineral or minerals, as well as the nature and the cost of the prospecting proposed by the applicant of the permit.
(3) The terms and conditions of the subsequent lease may be negotiated and determined jointly with the granting or renewal of an exclusive permit. This shall not be construed as a limitation to the power of the Secretary of Natural and Environmental Resources to impose, at the time of granting the lease, such additional terms and conditions as he may deem necessary to carry out the exploitation of the commercial minerals pursuant to the provisions of this chapter. In cases where [prospecting] permits are required for mining, an advise shall be posted to prohibit open pit extractions or strip mining.
(4) The permit shall be granted for the term of one year and may be renewed for not more than nine (9) subsequent periods of one year each provided, the Commission understands that the permit holder has substantially complied with the provisions of this chapter and the regulations that may be promulgated thereunder, with any special rules and orders of the Commission and with all the provisions and conditions of the permit, he shall be entitled to the renewal of the permit requested from the Commission.
(5) A fee of two hundred dollars ($200) a year shall be collected for each permit.
(6) The permit entails the right to enter upon private property.
(7) Under this permit, samples may be taken only at the surface of the prospecting area, though such samples may include borings obtained by means of hand augers. Activities requiring the use of powered vehicles, earth movers, drills, or other equipment which affects the soil or the crops, may be carried out by the prospector only with the express permission of the Commission, but in all cases it shall be necessary to obtain first the permission of the owner of the land in writing, and to compensate him for all such damages as he may sustain. The Commission may require the prospector to give bond acceptable to the Commission in such amount as the latter may deem necessary to pay the owner of the land for the damages in cases where the soil, buildings or crops suffer damages or reduction in value. The owner of the property may submit to the Commission any grievances he has with regard to the activities of a prospector and may request of the Commission that it determine, through arbitration, and at no cost to him, the extent of any damages sustained by him as a result of such activities.
(8) The prospector shall submit a semiannual report in writing of the results of his operations, which report shall be kept strictly confidential until the expiration of his prospecting permit unless the lease provided in the permit meantime becomes effective.
(9) Within the three (3) months following the expiration of the permit, the prospector shall, unless the lease has become effective, submit to the Commission a copy of all maps, measurements, assays, and other information obtained as a result of the prospecting carried out and of possible value in determining the existence or absence of mineral deposits in the prospecting area. Such information shall be made available to the public. This obligation is imposed upon the prospector as a part of the consideration attaching to an exclusive permit, and until same is fully fulfilled he shall be barred from obtaining any mining benefit whatsoever under this chapter.
(b) Non-exclusive permit.— The non-exclusive permit entails the conditions enumerated under clauses (6), (7), (8) and (9) of subsection (a) of this section, but shall not be limited as to the size of the prospecting area or to any specific mineral. This permit does not entail advance lease rights and the prospector may not negotiate the terms and conditions of the lease prior to discovery of a mineral and application for a lease for the exploitation thereof. This permit may be granted by the Executive Secretary with the approval of the Chairman of the Commission; it shall be granted for the term of one year and may be renewed for subsequent one-year periods.
History —Aug. 18, 1933, No. 9, p. 32, § 5; Oct. 6, 1954, No. 6, p. 48, § 1; June 14, 1957, No. 47, p. 107; June 10, 1959, No. 26, p. 84, § 1; June 27, 1969, No. 96, p. 257, § 5; Oct. 29, 1975, No. 10, p. 766, § 4A; June 30, 1995, No. 73, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-7/117/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 7 - Mines (§§ 110 — 125-180)›§ 117 - Leases
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 7 - Mines (§§ 110 — 125-180) › § 117 - Leases
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(a) General principles.— The right to extract commercial minerals is granted only through lease of the pertinent deposit granted by the Secretary of Natural and Environmental Resources with the approval of the Governor. The Secretary of Natural and Environmental Resources shall, through such leases, obtain for the Commonwealth of Puerto Rico the highest financial return possible, consistent, however, with the widest possible exploitation or extraction of the commercial mineral.
(b) Lease terms and conditions.—
(1) Nature of the lease.— The lease vests the right to extract and subsequently to own and dispose of the mineral subject to the provisions of this chapter, upon payment of a royalty and of the share fees provided herein. Such lease is [non-]transferable except with the consent of the Secretary of Natural and Environmental Resources. The mineral shall only be extracted from the ground which is included vertically within the boundaries marked off in the lease. No lease contracts shall be granted when the “open pit” and “strip mining” methods for mining minerals are to be used.
(2) Priority rule.— The application of a holder of an exclusive prospecting permit for the corresponding area shall have priority in the consideration of mining leases.
(3) Duration.— A mining lease shall be granted for a period not greater than thirty (30) years. The lease may be renewed but such renewal shall not be automatic, for every renewal, whether upon expiration of the first or of a renewed period, shall be arranged under the terms and conditions prescribed by the Secretary of Natural and Environmental Resources; Provided, That said Secretary shall offer the lessee the first opportunity to accept or reject the terms and conditions prescribed by the former for any renewal period.
(4) Grant.— Grant is any tract of land subject to lease, which shall not exceed ten (10) hectares. Its length shall not exceed three times its width. The Secretary of Natural and Environmental Resources shall determine the number of grants to be included in a lease, according to the nature of the deposit and the operation requirements.
(5) Registration and site.— The applicant for grants shall state the boundaries of the area he desires to lease, supplying adequate information with regard to the exact location of the area, making reference either to marks located on the ground or to properties abutting thereon which have already been surveyed. If such use is not made of the boundaries of such properties, the lessee shall complete the survey of the leased area within the first two (2) years of the lease, and he may credit the cost of such survey as part of the required development works. The area subject to lease may be of any shape, provided it is covered by the number of grants indicated by the Secretary of Natural and Environmental Resources.
(6) Lease rental.— The sum of one hundred dollars ($100) a year is hereby fixed as lease rental for each mining grant up to forty (40) grants, and twenty dollars ($20) a year for each additional grant.
(7) Development works.— As a condition to keeping a lease the lessee shall carry out development works on the leased area at an ascending annual cost of two hundred dollars ($200) per grant multiplied by the number of years elapsed since the date of the lease, up to a maximum of two thousand dollars ($2,000) per grant. Such works shall include, among others, the expenses of surveys, excavations, paths, samples, analyses, and any other expense or operating cost incurred in the investigation and development of the mining potential of the area. Indirect expenses of the enterprise, as well as expenses of operation and of the extracting of the commercial mineral are excluded. In exceptional cases of low-grade minerals spread out over vast areas, the Secretary of Natural and Environmental Resources may reduce the development-works requirements. In the event that the lessee does not incur the minimum development expenses during any one year, he may pay the difference in cash to the Secretary of Natural and Environmental Resources. Failure to fulfill this obligation shall be cause for the immediate revocation of the lease.
In the case of a leased area under production, the lessee shall continue the development works through the exploration and development of new reserves, unless the Secretary of Natural and Environmental Resources, for some reason he deems of weight, authorizes the reduction of such works or entirely exempts the operation from continuing such activities.
(8) Grouping of grants.— Negotiations may be made with the Commission with respect to the organization of grants in groups for the purpose of carrying out the development works. The credit for these works, even if they have been confined to but a single grant, shall be spread out over all grants included in each group. Such grant arrangement shall be based on the physical segregation and the independence of each group as a separate operating unit.
(9) Royalties.— The Secretary of Natural and Environmental Resources shall fix for all commercial-mining exploitation a royalty which shall not be less than two percent (2%) of the estimated value of the commercial mineral removed and heaped or otherwise stored at the operation site and before being processed. In determining the amount of the royalty in each case, the Secretary of Natural and Environmental Resources shall consider, among other factors, if available, the market value of the commercial mineral, the grade and/or estimated volume of the deposit, the nature and location thereof, the estimated cost of removal, and any other relevant information.
The amount of the royalties shall be computed quarterly and shall be paid within the thirty (30) days next following.
Royalty payments shall not be credited as part of the cost of development works.
The owner of the land in any private property in which an exploitation or extraction of commercial minerals is carried out shall be entitled to a twenty percent (20%) share of the minimum royalty of two percent (2%) provided for in this chapter during the first ten (10) years of exploitation, and to this effect the Secretary of the Treasury of Puerto Rico shall authorize payment of the amount of such share to the said owner, duly accredited as such by the Secretary of Natural and Environmental Resources, forthwith upon receipt of each royalty payment. For the purpose of this chapter, the land owner shall be understood to be the person who has acquired the property with an interest other than the prospecting, exploitation or extraction of the minerals or in the share of the royalty.
(10) Surface rights.— The lease includes entrance and exit rights, occupation and modification of the surface of the area leased, plus any other easements, and the right to construct all kinds of improvements and roads necessary and suitable for the most effective use and utilization of the lessee’s rights. The owner of the land or of any property right therein is entitled to and shall receive in due time the compensation agreed upon with him for the loss of the land and any other damages; Provided, That in case the parties do not reach an agreement as to the amount of the compensation, the Secretary of Natural and Environmental Resources shall, after a hearing at which both parties may present evidence in support of their respective contentions, fix the amount of the said compensation. The taking, prospecting, exploitation or extraction of the land shall not be stopped or otherwise hindered by the lack of determination and payment of such compensation provided the lessee has previously deposited with the Department of Natural and Environmental Resources a cash amount acceptable to the Secretary of Natural and Environmental Resources covering the amount of said compensation, plus a bond in such form, for such amount and underwritten by such sureties as are acceptable to said Secretary, to answer to the owner of the land or of any property right therein for any difference resulting between the sum so deposited and the amount of the compensation ultimately fixed. The fixing of the said compensation shall be governed by the evaluation rules and principles applicable in condemnation cases.
(11) Government share dues in the production.—
(A) Every public or private producer who exploits commercial minerals in Puerto Rico shall pay the Secretary of Natural and Environmental Resources dues on the share of the Commonwealth Government in the production of said minerals. The precise amount of these dues shall be fixed by the Secretary who to that effect shall negotiate with each interested producer pondering, among others, the following factors:
(i) The costs and social benefits attached to a project.
(ii) The economic feasibility thereof.
(iii) The dividends that by reason of a direct interest in the producing enterprise may correspond to the Government of the Commonwealth.
(iv) The income tax that the producer shall pay to the treasury.
(v) The royalty established by this chapter.
(B) The minimum amount of these dues shall be computed according to the following formula:
Pc s Pr s N s A PP = s K, 130 - T
where PP represents “share in the production”; Pc, “price of the mineral”; Pr, the gross production during the period for which the payment is made; N, the “output or recovery factor”; A, the “time for which the lease was granted”; T, “time elapsed since the lease was granted” and K, “an economic type factor with value” of zero point one (0.1) to one (1).
(C) The precise value of factor “K” shall be determined by the Secretary of Natural and Environmental Resources by taking into consideration the market conditions, emergency situations brought about by disasters, the technological advances entailing capital investment to incorporate them, and the competitive position of Puerto Rico with respect to other producers of similar metals.
(D) For the case of petroleum extracted by enterprises or contractors who have contributed the necessary capital for the prospecting and exploitation of same, the minimum amount of the share due the Commonwealth shall be determined according to the following rules:
(i) No more than forty percent (40%) of the petroleum produced in any one year shall be set aside for investment and operation expenses. These expenses shall include those related with the works of prospecting, exploitation, transportation and sale of the petroleum, payment of royalties, and other cost items which the Secretary of Natural and Environmental Resources may deem pertinent.
(ii) The remaining sixty percent (60%) of the petroleum produced shall be divided between the Government and the enterprise or contractor so that the Government of Puerto Rico may receive no less than fifty percent (50%) of said petroleum.
(iii) A duty or tax consisting of fifty percent (50%) of the market value of said petroleum shall be levied on the petroleum corresponding to the enterprise or the contractor.
The contractor shall not be bound to pay any other tax to the Commonwealth of Puerto Rico. The Secretary of Natural and Environmental Resources may negotiate with the enterprise or the contractor other payments he might deem pertinent, mainly those corresponding to bonuses in cash to be paid at the moment of signing a contract and in other periods previously agreed upon. When production costs exceed fifty percent (50%) of the gross production value, the Secretary of Natural and Environmental Resources, with the Governor’s approval, may reduce the share dues of the Commonwealth Government so as to make feasible the exploitation of a petroleum field. The decisions adopted under this discretionary power shall be valid sixty (60) days after they have been made public in two (2) newspapers of general circulation in Puerto Rico and all the documents concerning same shall be sent by the Secretary of Natural and Environmental Resources to the Legislature not later than the date in which such decisions were published.
(E) The prospecting for petroleum does not confer rights over natural gas wells discovered, although their discoverer shall have a preferential right to negotiate with the Secretary of Natural and Environmental Resources the economic terms concerning the commercial production of such gas.
(F) The Secretary of Natural and Environmental Resources may choose between collecting in kind or in cash, or part in kind and part in cash, the dues on the share of the Commonwealth Government in the production. The Secretary shall make known his decision on whether to receive the share dues totally or partially in kind not less than two (2) months in advance and, while not so doing, it shall be understood that he chooses full payment in cash.
(G) In case the Secretary chooses to receive payment in kind, the producer shall be bound to store, without cost to the Commonwealth, the amount which he shall deliver to the latter and shall be liable therefor during its delivery and storage. When the Secretary chooses to receive payment of the metal in kind, the producer shall be bound to deliver said payment in metal in the final form in which it is produced.
(H) The amount of the payment shall be computed quarterly and shall be paid within thirty (30) days after the expiration of the period.
(I) Payments made by reason of the share dues shall not be credited as part of the development works costs.
(11a) For the effect of the royalties and the production share dues, the Secretary of Natural and Environmental Resources shall establish the hydrocarbons reference price at the well’s mouth and the price of other minerals in gross production, taking into consideration the actual prices of the extracted minerals, production and transportation costs, market conditions, quality specifications and other factors intervening in the price makeup.
The reference prices for metals shall not be inferior to those prevailing for the same metals in the international market or in the United States market, whichever of the two is higher.
In the determination of what constitutes the gross production of hydrocarbons, the volumes effectively utilized in the exploitation and burning and gas winding operations shall be excluded.
(11b) There shall be created by law a “Trust for the Integral Development of Puerto Rico” to which sufficient contributions shall be made from the funds produced by the royalties and the share dues of the Commonwealth of Puerto Rico, according to this chapter, to, among other purposes:
(A) Promote, through subsidies or direct investments, the establishment of manufacturing enterprises that improve the vertical integration of industrial sectors of the economy and utilize manual labor intensively in its production processes.
(B) Finance plans and agricultural development projects.
(C) Restore, repair and preserve Puerto Rico’s natural or recreative and aesthetical [sic] resources.
(D) Finance educational and technical and scientific research plans and programs.
(E) Promote the arts.
(F) Establish programs to preserve, develop and rehabilitate the personality and health of infants.
(G) Finance Commonwealth permanent improvement programs.
(H) Remedy emergency situations caused by natural disasters.
(I) Promote any other plan or project pursuing an end similar to those mentioned.
(12) Refining or other processing in Puerto Rico.— The Secretary of Natural and Environmental Resources shall by all reasonable means endeavor to attain that all commercial minerals extracted in Puerto Rico be given the highest possible degree of processing and utilization in Puerto Rico, and this requisite shall be a condition for any lease and a factor to be considered in determining the amount to be paid to the Commonwealth Government as share dues in the production of commercial minerals which cannot be processed and utilized to the highest degree possible in Puerto Rico. Exportation of raw or partially refined or processed mineral shall be permitted only after it is established by unquestionable proof before the Secretary of Natural and Environmental Resources that it is not commercially sound to carry out additional processing operations in Puerto Rico. In addition, it shall also be a condition for all leases that raw or partially refined or processed commercial mineral shall not be exported if the Secretary of Natural and Environmental Resources determines that same is necessary for internal consumption in Puerto Rico.
(13) Conservation and protection of adjacent land.— The Commission may in certain specific cases impose such restrictions, controls, or requirements as in its judgment are necessary for the conservation of the resources of the area or the protection of the area and the residents thereof, such as, among others, the requirement to replace soil so that the agricultural utilization of the area may not be impaired, the requirement to prevent water pollution, the requirement to dispose of residues, the requirement to establish safety and spacing measures, the requirement to control the rate of extraction, and the requirement to fill in borings, drifts, and other excavations.
(14) Employment and training of residents.— It shall be a requisite for every lease that, insofar as economically possible, persons residing in Puerto Rico be employed for the works originating and carried out under such lease, and that such persons be trained in such operations as require technical skill.
(15) Extraction of commercial minerals mingled with others covered by lease.— The Commission shall not grant a lease if from the geological information at its command it shall find that the commercial mineral the object of the application might reasonably be mingled in a mine with any other commercial mineral already covered by a previous lease with a person other than the applicant. If after a lease is granted a commercial mineral is unexpectedly found during exploration mingled in the same mine with another as to which a lease has already been granted, the first lessee shall be entitled to extract, hold, and dispose of all the commercial minerals covered by said lease and any other commercial minerals mingled therewith.
(16) The Secretary of Natural and Environmental Resources shall set the metal and hydrocarbon extraction rhythm, according to his estimate of existing reserves and to his best criterion.
(17) Every person or enterprise that, during the prospecting and exploitation of mineral activities, causes damages to a natural resource of Puerto Rico or to the environment shall have the obligation to repair it or, should same be irreparable, to pay to the Treasury of Puerto Rico the amount corresponding to the damage caused. The expenses related to cleaning and restoration of affected areas in case of a petroleum spill during the exploitation of a deposit shall be paid by the person or enterprise occasioning same, regardless of the cause.
The contracts for metal exploitation subscribed by the Secretary shall contain a clause binding the grantees to the conservation and restoration of the land utilized in the mining activity.
(18) No mining prospecting permit or exploitation lease subscribed by the Secretary of Natural and Environmental Resources shall relieve the other party from the liability for the damages referred to in the foregoing paragraphs.
History —Aug. 18, 1933, No. 9, p. 32, § 6; Oct. 6, 1954, No. 6, p. 48, § 1; June 9, 1959, No. 17, p. 74, § 1; June 5, 1963, No. 41, p. 59; June 27, 1969, No. 96, p. 257, § 6; Oct. 29, 1975, No. 10, p. 766, § 5; June 30, 1995, No. 73, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-7/118/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 7 - Mines (§§ 110 — 125-180)›§ 118 - Appeals
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 7 - Mines (§§ 110 — 125-180) › § 118 - Appeals
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The decisions and findings of the Commission shall be final and [non-]appealable, excepting those involving questions of law, as well as those concerning the compensating of owners of the land or of any property right therein, from which any party aggrieved may appeal before the Supreme Court of Puerto Rico within the thirty (30) days following notice thereof; Provided, That when the appellant is the lessee, and the bond previously posted is, in the judgment of the Commission, insufficient to answer for the difference between the sum deposited and the compensation amount fixed by the Commission pursuant to the provisions of § 117(b)(10) of this title, the Commission shall order the proper modification of the said bond within the fifteen (15) days following the filing of the appeal, and such modification shall be made to the satisfaction of the Commission within the fifteen (15) days next following; otherwise the right to appeal shall lapse.
History —Aug. 18, 1933, No. 9, p. 32, § 7; Oct. 6, 1954, No. 6, p. 48, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-7/119/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 7 - Mines (§§ 110 — 125-180)›§ 119 - Remedies before the Court of First Instance
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 7 - Mines (§§ 110 — 125-180) › § 119 - Remedies before the Court of First Instance
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The Commission may request the Court of First Instance of Puerto Rico to enforce any order or decision of the Commission, and may, further, ask the said court to issue any other adequate provisional order of remedy or restraint, including, among others, any necessary legal remedies, against any person violating or attempting to violate or intending to violate any provision of this chapter, the regulations of the Commission, or the orders or findings thereof, or who disregards, circumvents, impedes, or hinders the Commission or any of its authorized agents in the performance of the duties thereof under this chapter, or who interferes with the holding of a hearing carried out pursuant to this chapter.
History —Aug. 18, 1933, No. 9, p. 32, § 8; Oct. 6, 1954, No. 6, p. 48, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-7/120/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 7 - Mines (§§ 110 — 125-180)›§ 120 - Penal provisions
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 7 - Mines (§§ 110 — 125-180) › § 120 - Penal provisions
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(a) Any person who wilfully bears false witness under oath or affirmation at any hearing, investigation or proceeding before the Mining Commission or any member or members or officers thereof, or before any notary public or other person authorized to take such testimony, or who disregards, circumvents, impedes, or hinders the Commission or any of its authorized officers or employees in the performance of the duties thereof under this chapter, or who interferes with the holding of a hearing carried out pursuant to this chapter, shall be guilty of a misdemeanor and upon conviction punished by a fine of not more than five thousand dollars ($5,000), or by imprisonment in jail for a term of not more than two (2) years, or by both penalties in the discretion of the court.
(b) If any natural or [juridical] person authorized to prospect or exploit commercial minerals in Puerto Rico wilfully violates either personally or through the agent or representative thereof, any of the provisions of this chapter, or any of the orders or regulations of the Mining Commission; or carries out any act herein prohibited; or disregards, evades, neglects, or refuses to perform any duty which such natural or [juridical] person is in duty bound to fulfill under this chapter or under the orders or regulations of the Mining Commission; or disregards, evades, neglects or refuses to obey, observe and comply with any provision, requirement, finding, or order of the Commission; or wilfully neglects to comply with any judgment entered or any order or decree issued by the Court of First Instance of Puerto Rico under § 119 of this title, the said person, whether natural or [juridical], shall be guilty of a misdemeanor and upon conviction punished by a fine of not more than five thousand dollars ($5,000), or by imprisonment in jail for a term of not more than two (2) years, or by both penalties in the discretion of the court.
The Commission, upon previous notice and hearing, may impose administrative fines not to exceed one thousand dollars ($1,000) each, or to suspend temporarily or cancel the prospecting permit of the lease to any natural or [juridical] person to whom the Commission has granted a prospecting permit or a lease and who knowingly violates any of the provisions of this chapter, orders or regulations of the Commission or the terms and conditions of the prospecting permit or of the lease.
(c) Each day of continued violation of any provision, requirement, finding, order or regulation of the Commission or of any of the provisions of this chapter, or of any final decree issued by the Court of First Instance of Puerto Rico, under the provisions of § 119 of this title, shall constitute a separate and distinct violation.
(d) Any officer, agent, or employee of any natural or [juridical] person engaged in Puerto Rico in prospecting or in the exploitation of mines, who knowingly fails, omits, neglects, or refuses to obey, observe, and comply with any provision of this chapter or any final order, directive, requirement or regulation of the Commission, or any final order or decree of the Court of First Instance of Puerto Rico, issued under the provisions of § 119 of this title, or who knowingly attempts, abets, or permits any such violation, omission, failure, negligence or refusal, shall be guilty of a misdemeanor and upon conviction punished by a fine of not more than five hundred dollars ($500) or by imprisonment in jail for a term of not more than twelve (12) months, or by both penalties in the discretion of the court; and shall, for the second and subsequent violations, be punished by a fine of not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000), or by imprisonment in jail for a term of not less than three (3) months nor more than eighteen (18) months, or by both penalties in the discretion of the court.
(e) The Court of First Instance of Puerto Rico shall have original jurisdiction to take cognizance of the offenses and violations defined and prescribed in this chapter.
(f) All fines or penalties imposed for violation of this chapter or of the regulations or orders of the Commission shall be covered into the general fund of the Treasury of the Commonwealth of Puerto Rico.
History —Aug. 18, 1933, No. 9, p. 32, § 9; Oct. 6, 1954, No. 6, p. 48, § 1; June 27, 1969, No. 96, p. 257, § 7.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-7/121/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 7 - Mines (§§ 110 — 125-180)›§ 121 - Transfer of records and properties
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 7 - Mines (§§ 110 — 125-180) › § 121 - Transfer of records and properties
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All documents, records, and properties relative to mining or to the administration and enforcement of the Puerto Rico Mining Law, in the possession of the Department of Transportation and Public Works, the Public Service Commission, and the Economic Development Administration, are hereby transferred to the Mining Commission, and the Executive Secretary of the Commission shall receive and store same and make them available for the use of the Commission and its Executive Secretary in the exercise of the powers granted to and the duties imposed upon them by this chapter.
History —Aug. 18, 1933, No. 9, p. 32, § 10; Oct. 6, 1954, No. 6, p. 48, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-7/122/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 7 - Mines (§§ 110 — 125-180)›§ 122 - Appropriation
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 7 - Mines (§§ 110 — 125-180) › § 122 - Appropriation
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The sum of ten thousand dollars ($10,000) is, during the fiscal year 1954—55, hereby appropriated to the Commission from any available funds in the Commonwealth Treasury for the carrying out of the purposes of this chapter.
History —Aug. 18, 1933, No. 9, p. 32, § 11; Oct. 6, 1954, No. 6, p. 48, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-7/123/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 7 - Mines (§§ 110 — 125-180)›§ 123 - Disposal of funds
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 7 - Mines (§§ 110 — 125-180) › § 123 - Disposal of funds
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All fees and other revenues collected and paid under the provisions of this chapter shall be covered into the general fund of the Commonwealth Treasury.
History —Aug. 18, 1933, No. 9, p. 32, § 12; Oct. 6, 1954, No. 6, p. 48, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-7/124/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART I - Lands Generally; Mines (§§ 1 — 226)›Chapter 7 - Mines (§§ 110 — 125-180)›§ 124 - Separability
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART I - Lands Generally; Mines (§§ 1 — 226) › Chapter 7 - Mines (§§ 110 — 125-180) › § 124 - Separability
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Should any clause, paragraph, section, article, or part of this chapter be declared unconstitutional by a court of competent jurisdiction, the judgment entered to such effect shall not affect, impair, or invalidate the remainder of this chapter, the effects of such judgment being limited to the clause, paragraph, section, article, or part of this chapter so declared unconstitutional.
History —Aug. 18, 1933, No. 9, p. 32, § 13; Oct. 6, 1954, No. 6, p. 48, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-9/206/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 206 - Jurisdiction of Secretary of Department of Natural and Environmental Resources
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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) › § 206 - Jurisdiction of Secretary of Department of Natural and Environmental Resources
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The Secretary of the Department of Natural and Environmental Resources is hereby vested with jurisdiction over activities of extraction, excavation, removal and dredging of the components of the earth’s crust called sand, gravel, stone, earth, silica, calcite, clay and any other similar component of the earth’s crust not regulated as economic mineral in public and private lands. Hereafter the aforesaid substances shall be referred to as “components of the earth’s crust”, the Department of Natural and Environmental Resources as the “Department”, and the aforesaid Secretary as “the Secretary”.
History —June 25, 1968, No. 132, p. 314, § 1; June 3, 1976, No. 144, p. 423, § 1, eff. 30 days after June 3, 1976.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-9/207/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 207 - Permit—Necessity
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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) › § 207 - Permit—Necessity
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No natural or juridical person, association or group of persons, department, agency, quasi-public corporation, municipality, or instrumentality of the Commonwealth of Puerto Rico or of the United States of America shall excavate, extract, remove or dredge the components of the earth’s crust in public or private land within the geographical limits of the Commonwealth of Puerto Rico without having obtained a permit for such purposes from the Secretary. Neither may components of the earth’s crust that have been excavated, extracted, removed or dredged in the Commonwealth of Puerto Rico be exported without the prior authorization of the Secretary.
The Secretary shall establish through regulations the standards that shall govern any excavation, extraction, removal or dredging operations incidental to or necessary for carrying out works or projects authorized pursuant to the provisions of law. The Secretary shall likewise provide for all matters related to the export of the components of the earth’s crust.
The Secretary may exempt from the permits and the payments corresponding by virtue thereof, when the amounts extracted are not significant or substantial.
The Secretary shall ensure compliance with the Environmental Public Policy Act, §§ 1121—1140a of Title 12, by requiring an Environmental Evaluation or an Environmental Impact Statement before granting any permit, except for those applicants whose request involves the coastal zone and the river beds used as sources of water supply. In those cases the Secretary shall ensure compliance with the Environmental Public Policy Act through an Environmental Impact Statement (DIA, Spanish acronym).
By means of the permit the Secretary shall regulate all requirements, limitations and restrictions related to the operational aspects of the activities for excavating, extracting, removing or dredging the components of the earth’s crust as well as the days and hours of operation and transportation. The faculty to regulate the days and hours of operation is extended to working days, holidays and weekends.
In the case of those applications for original permits certified by the Department within a term of not more than thirty (30) days that were fully and correctly submitted, the Secretary shall be responsible for granting or denying the permit within a term of not more than ninety (90) days.
History —June 25, 1968, No. 132, p. 314, § 2; June 3, 1976, No. 144, p. 423, § 2; June 27, 1987, No. 54, p. 180, § 1; Dec. 26, 1997, No. 195, § 1; Sept. 2, 2000, No. 318, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-9/208/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 208 - Permit—Public hearings
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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) › § 208 - Permit—Public hearings
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Before issuing a new [permit], the Secretary shall provide notice to the public about the applications through the means he/she may establish by regulations. The Secretary shall hold public hearings if commentaries, controversies or objections arise with regard to any application, and he may call them motu proprio or by petition of an interested party. These public hearings will take place in the municipality where the requested activity would take place, after working hours, and shall be presided over by a technical/legal panel. During the first part of the hearing the applicants shall present to the community the activities that they request be authorized and they shall answer the attendees’ questions and clarify their doubts. During the second part, the panel shall receive for the record all the commentaries, preoccupations, doubts and objections by the attendees concerning the requested permit. The interested or affected parties may appear personally or through counsel, examine witnesses and introduce evidence to prove their case. The most liberal and open participation of the public shall be encouraged. After the hearing is held and within thirty (30) days after the case is submitted, the Secretary shall state his decision to deny or issue the permit in writing with the findings of fact and legal issues on which it is based, and shall send a copy thereof by registered mail to each one of the parties in the proceeding. The incidents of the public hearing shall be entered in a record which is admissible in evidence before a court.
The Secretary shall allow the participation or intervention in these hearings of all persons who so request.
The Secretary may require those persons requesting a hearing to pay for the costs incurred by the Department in the hearings, such as the use of the meeting room, public notices and sound system, among others. The Secretary shall determine by regulation the standards concerning this provision. The payments shall be covered into a special fund to defray the cost of the hearings. The applicants shall have the option of contracting directly for the services required for the hearings.
History —June 25, 1968, No. 132, p. 314, § 3; June 3, 1976, No. 144, p. 423, § 3; June 27, 1987, No. 54, p. 180, § 2; Dec. 26, 1997, No. 195, § 2; Sept. 2, 2000, No. 370, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-9/209/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 209 - Permit—Factors in granting or denying permits
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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) › § 209 - Permit—Factors in granting or denying permits
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(a) The Secretary shall take into consideration the following factors upon granting or denying the permits:
(1) Limits of the property for which permit is requested to extract, excavate, remove or dredge.
(2) Effects of the activity in:
(A) Adjacent areas.
(B) The erosion of the maritime-terrestrial zone and of the river banks in Puerto Rico.
(C) The physical formation of the maritime-terrestrial zone and of the rivers of Puerto Rico.
(D) The action of the waters of the rivers or of the sea on the coasts or banks of Puerto Rico.
(E) Changes in the level of the land object of the activity applied for.
(F) The tide, and as a result of possible changes thereof, in neighboring islands, reefs, channels, bays or other bodies of water whether or not used for navigation.
(G) The sand dunes located in the maritime-terrestrial zone or in any place within the geographical limits of Puerto Rico.
(H) The navigation and contamination of waters and atmospheric contamination during any phase of the operation.
(I) Access to public highways, and how traffic will be affected.
(J) Dams and lakes.
(K) The environment and natural resources in the immediate or adjacent area, with special emphasis on vulnerable species in danger of extinction.
(3) Areas devoted to storage, processing and distributing of the components removed, excavated or dredged.
(4) Means used to remove, excavate or dredge and their effects in nearby dwellings, in public highways, in dams and in other structures of private or public use.
(5) Industrial demand and value of the components of the earth’s crust in the commercial market.
(6) Benefits derived, directly or indirectly, for the area object of the activity and for adjacent areas.
(7) Purposes to which the components excavated, extracted, removed or dredged from the earth’s crust are devoted.
(8) Previous violations by the petitioner, his representatives or agents of any condition or requirement established in a permit, of any ruling, decision or order issued by the Secretary or of any provision of this chapter or of the regulations promulgated pursuant thereto.
(9) Capacity of the factory or roadway are of the highways or roads which give access to the place of work to handle the vehicle traffic that such operation may generate.
(b) Nonprofit associations and entities shall have priority over any other persons, associations and entities operating for other purposes, to excavate, extract, remove and dredge components of the earth’s crust in land of public domain or in land belonging to the Commonwealth of Puerto Rico or to any of its public corporations or municipalities, except in the case of renewal of permit.
History —June 25, 1968, No. 132, p. 314, § 4; June 3, 1976, No. 144, p. 423, § 4; June 27, 1987, No. 54, p. 180, § 3.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 210 - Permit—Limitations
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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) › § 210 - Permit—Limitations
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(a) The permits shall state the conditions and limitations regarding the activities they authorize. The permits shall be granted for a term not to exceed five (5) years and shall not be subject to transfers or cessions of any sort without the approval of the Secretary. The Secretary shall establish the date of effectiveness of the permits taking into consideration the time it shall take the holder thereof to initiate the authorized activity and furthermore, for just cause, he/she shall have authority to reduce or extend the same. The Secretary shall be empowered to extend its effectiveness, among other reasons, to compensate for the time during which a concessionaire is unable to use his/her permit due to causes beyond his/her control.
(b) The Secretary shall fix a bond on every permit issued by virtue of this chapter, and the same shall be consigned in favor of the Secretary of the Department of Natural and Environmental Resources. In order to determine the amount of the bond the following must be taken into consideration: the real cost of the activity covered by this chapter adjusted to the inflationary level in effect at the time the permit is granted or renewed, plus the total cost of the restoration of the area subject to the permit, which shall not be greater than the amount previously established and the inflationary cost, according to the official projections of the Government of Puerto Rico. The term of the bond shall be extended for one year after the expiration date of the permit. The Department, after just cause has been determined, may require the extension of the term of duration of the bond.
(c) When he deems it necessary, the Secretary may review the conditions and limitations set forth in the permits issued by virtue of §§ 206—220f of this title, and may order the studies and evaluations and improvements he deems necessary for the protection of the public interest, at the expense of the holders.
(d) Upon hearings of a quasi-judicial nature the Secretary may revoke a permit when he has verified that its holder has violated the terms thereof, or when the geological, natural or environmental conditions existing in the area at the time of its issuance have changed significantly, or when it is shown that the revocation would further the health, the safety, the peace or the public interest.
(e) The Secretary shall not issue permits to excavate, extract, remove or dredge components of the earth’s crust whenever any of the following circumstances exist:
(1) When said components are to be extracted from land of public domain or from land belonging to the Commonwealth or to any of its public corporations or municipalities for the purpose of exporting or transporting them outside the jurisdictional limits of the Commonwealth of Puerto Rico. The exportation of material of the earth’s crust shall be permitted only when in the opinion of the Secretary the public interest is not affected and said materials have been extracted from private lands.
(2)
(A) When the place where the activity would be developed is a fishing area or a recreational area, or a beach, or a reef, or an area reserved for natural resources or wildlife, or dunes, or when said place were located in the vicinity of any of the mentioned areas and the excavation, extraction, removal or dredging work might affect the fishing or recreational activities or the integrity of the natural reef of the reserve area.
(B) When the place where the activity is to be developed lies within the sea beach zone; or downstream from dammed rivers, or land devoted to agricultural purposes, except when any of the above places is declared to be a site of special public interest or that the nature of the action applied for has been proven through a Declaration of Environmental Impact not to have a significant environmental impact and the quality of the area, including the harbor easement, is preserved or improved [sic], or for conservation purposes and the control of flooding.
(f) The Secretary shall establish a system which may permit the identification of the source and other circumstances of materials extracted from the earth’s crust which are transported through the public thoroughfares of Puerto Rico.
(g) The Secretary may amend any of the permit terms and conditions whether on request or motu proprio. Any request aimed at modifying in any way the conditions of a permit granted, once the twenty (20) days allowed by law to file a reconsideration of the same have elapsed, shall be treated as an amendment to a permit.
(1) Any request for amendment that changes the information presented in the notice published as part of the process of the granted permit shall require the publication of a public notice of such change and the right to comment about the same in a period no [less] than ten (10) days from the date of publication.
(2) In any request for amendment that generates environmental impacts not previously evaluated by the Department, the Secretary shall insure compliance with the Environmental Policy Act through the circulation of an environmental evaluation or by supplementing the corresponding original environmental document.
(3) Any request for extension of three (3) years shall be evaluated as if it were a request for renewal and it shall comply with the procedure established in § 211 of this title.
History —June 25, 1968, No. 132, p. 314, § 5; June 3, 1976, No. 144, p. 423, § 5; June 27, 1987, No. 54, p. 180, § 4; Dec. 26, 1997, No. 195, § 3; Sept. 2, 2000, No. 370, § 2; Sept. 15, 2004, No. 289, § 1.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 211 - Permit—Renewal
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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) › § 211 - Permit—Renewal
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The Secretary may renew the permits for the extraction, excavation, removal or dredging of the components of the earth’s crust. The application for such renewal shall be made, in writing, to the Secretary, at least ninety (90) days prior to the expiration date of the permit to be renewed. The renewal application must meet all the requirements of the original application, it being understood that if there have been no changes in the conditions stated in the original application, it shall suffice to thus consign them by means of a sworn statement given by the applicant. Nevertheless, any application for renewal shall have the necessary information for the Department to comply with § 1124(c) of Title 12. Once the application for renewal has been filed in due time, the Department of Natural and Environmental Resources shall have thirty (30) days to certify that the same has been duly completed for processing. If said thirty (30) days have elapsed without the Department having issued its certification, it shall be understood that the application for renewal is complete for processing. The evaluation of an application for renewal shall take into consideration the factors mentioned in § 209 of this title, and shall include an on-site inspection of the extraction area. The Secretary may require a legal evaluation. Once the Environmental Quality Board certifies compliance with § 1124(c) of Title 12, the Secretary may issue his/her decision on the application for renewal.
Provided, however, That the permit shall remain in force as a provisional permit until the Department and other agencies resolve the application for renewal and it becomes final and binding. Those applications for renewal that are not filed within ninety (90) days prior to the expiration of the permit shall not have the benefit of the terms granted in this section and shall be considered as original permit applications.
The Department shall perform an on-site inspection for every renewal application to verify the data in the application. A notice to the neighboring communities shall also be required advising them of their right to comment or object to the issuance of the permit subject to renewal, within thirty (30) days from the date of the notice. Any person who could be affected by adjudication of the application for renewal and is interested in commenting or objecting to a renewal or permit, may request that a public hearing be held, as established by § 208 of this title.
History —June 25, 1968, No. 132, p. 314, § 6; June 3, 1976, No. 144, p. 423, § 6; June 27, 1987, No. 54, p. 180, § 5; Dec. 26, 1997, No. 195, § 4; Aug. 6, 1999, No. 223, § 1; Sept. 2, 2000, No. 370, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-9/212/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 212 - Permit—Applicant who is not the owner
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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) › § 212 - Permit—Applicant who is not the owner
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When the applicant is a grantee, lessee, or other occupant not the owner of the property involved, whether or not by contract, he shall produce evidence of his right to carry out the activity requested as such grantee, lessee or other occupant. The permit shall not be granted for a term in excess of the time for which he is entitled to occupy the property.
History —June 25, 1968, No. 132, p. 314, § 7; June 3, 1976, No. 144, p. 423, § 7, eff. 30 days after June 3, 1976.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-9/213/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 213 - Permit—Denial or revocation; public hearing
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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) › § 213 - Permit—Denial or revocation; public hearing
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When a permit is denied or revoked, the Secretary shall notify the applicant or the holder of the permit, as the case may be, with a statement containing the grounds or reasons for the denial, issuance or revocation. Those commenting or participating in the permit’s public hearing, as well as parties adversely affected, who show that the action finally taken on the permit shall affect their person, income, economy or their rights, or shall impair or degrade the environment or the natural systems in the area immediately adjacent to the place where the corresponding excavation, extraction, removal or dredging of the earth’s crust would be made, may request that a quasi judicial public hearing be held within fifteen (15) days following the notification date.
The Secretary may require those persons requesting a hearing to pay for the costs and fees for professional and consulting services incurred by the Department in the hearings, and the corresponding investigations and studies. The Secretary may exempt people from payment for these expenses and fees if they show they have limited means. The Secretary shall determine by regulation the standards concerning this provision. The payments shall be covered into a special fund and shall be used to defray the expenses of the hearings.
History —June 25, 1968, No. 132, p. 314, § 9, renumbered as § 8 and amended on June 3, 1976, No. 144, p. 423, § 9; Sept. 2, 2000, No. 370, § 4.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 214 - Official examiners, powers
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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) › § 214 - Official examiners, powers
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The Secretary may designate one or more examiners to preside over the public hearings contemplated by §§ 206—220f of this title. One of them shall have been admitted to the Bar in the Commonwealth of Puerto Rico.
The examiners shall have the power to:
(1) Administer oaths and take testimony;
(2) issue summons requiring the appearance of witnesses and the production of documentary evidence;
(3) receive pertinent evidence and decide thereon;
(4) take, or cause depositions to be taken;
(5) conduct the hearing;
(6) hold conferences to simplify the controversies;
(7) pass on procedural instances or similar matters, and
(8) recommend decisions.
History —June 25, 1968, No. 132, p. 314, § 10, renumbered as § 9 and amended on June 3, 1976, No. 144, p. 423, § 10; June 27, 1987, No. 54, p. 180, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-9/215/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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(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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-9/216/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-9/217/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-9/219/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-9/220/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-9/220a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-9/220b/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-9/220c/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-9/220d/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-9/220e/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-9/220f/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-11/221/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-11/222/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-11/223/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-11/224/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-11/225/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-i/chapter-11/226/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-i/241/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-i/242/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 242 - Land Authority—Creation, subsidiaries; Governing Board
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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) › § 242 - Land Authority—Creation, subsidiaries; Governing Board
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(a) A body corporate and politic is hereby created constituting a public corporation or an autonomous governmental instrumentality of the Commonwealth of Puerto Rico by the name of Land Authority of Puerto Rico, which corporation shall hereafter be known as the “Authority”. The Authority is hereby authorized and empowered to create, with the approval of the Governor of Puerto Rico, such domestic subsidiary corporations as it may deem proper to carry out the purposes of §§ 241 et seq. of this title. Said subsidiaries shall have their own juridic personality and shall have such purposes, powers and faculties as are assigned to it by the Authority and by §§ 241 et seq. of this title.
(b) The powers of the Authority and of each of its subsidiaries shall be exercised and their general policies shall be determined by a governing board (hereafter known as the “Board”) composed of the Secretary of Agriculture, who shall be its chairman, and four additional members who shall be appointed by the Governor of Puerto Rico and who shall hold office as such at the pleasure of the appointing authority and until their successors have been duly appointed and have qualified. The said members of the Board shall receive no compensation for their services as such. The Board may adopt such rules, regulations and procedures as it may deem necessary or advisable to conduct its business and to exercise the powers of the Authority and of its subsidiary corporations. The regulations of the Authority and those of each of the subsidiaries, which shall be approved by the Board, may provide that such powers and duties of the Authority and of the subsidiaries as the Board may deem proper, may be delegated to the executive directors, or other officers, agents, or employees. The Board shall send a copy of these regulations to the Legislative Assembly.
(c) The Authority and its subsidiaries shall, as public corporations, have legal existence and legal personality separate and apart from those of the Commonwealth of Puerto Rico, and, consequently, the debts, obligations, contracts, bonds, notes, promissory notes, receipts, expenditures, accounts, funds, printed matter, and property of the Authority and of its subsidiaries, as well as the officers, agents, or employees thereof, shall be understood as being of the said corporations and not of either the Commonwealth of Puerto Rico or any of the offices, bureaus, departments, commissions, dependencies, municipalities, branches, agents, officers, or employees thereof.
(d) The Authority is hereby empowered to assign and convey to subsidiaries created hereunder franchises, licenses, permits, trademarks, records and personnel of the Authority. The assignment and conveyance of franchises, licenses, permits, trademarks, and records may be made gratuitously in the cases of subsidiaries whose stock are owned entirely by the Authority. In all other cases such assignment or conveyance shall be made through adequate financial agreement.
(e) The Authority and each of the subsidiary corporations created under §§ 241 et seq. of this title shall be severally liable for the obligations contracted by the Land Authority up to the time of the creation of each subsidiary.
(f) All rights, privileges, exemptions, powers and faculties conferred on the Authority are likewise conferred on any subsidiary corporation which may be established, except where otherwise provided in the Land Law of Puerto Rico; Provided, That the articles of incorporation, corporate bylaws, rules, orders and other provisions, officially established by any subsidiary corporation, may limit the application or use by such subsidiary of any of said rights, privileges, exemption, powers and faculties.
History —Apr. 12, 1941, No. 26, p. 388, § 2; May 15, 1950, No. 429, p. 1048, § 1; May 28, 1954, No. 46, p. 260, § 8; June 30, 1955, No. 106, p. 622, § 1; June 27, 1958, No. 131, p. 315, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-i/243/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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(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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-i/244/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-i/247/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/261/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 261 - General rights and powers
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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) › § 261 - General rights and powers
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The Land Authority shall have juridical personality and is hereby vested with, and shall have and may exercise, all the rights and powers necessary or advisable for carrying out the aforesaid purposes, including, but without limiting the scope of said purposes, the following:
(a) To have perpetual succession.
(b) To adopt, alter, and use a seal which shall be judicially noticed.
(c) To draft, adopt, amend, and repeal rules and regulations to govern the policies of its activities in general and to exercise and discharge the powers and duties granted to and imposed on it by law, and upon the approval and promulgation of said rules and regulations by the Board of the Authority they shall have the force of law.
(d) To sue and be sued, implead and be impleaded, and litigate and defend itself in all courts of justice.
(e) To have full powers to enforce the agrarian policy of the Commonwealth of Puerto Rico as herein established.
(f) To enter into contracts and formulate and execute all instruments necessary or advisable in the exercise of any of its powers.
(g) To acquire land by purchase, assignment, transfer, exchange, lease, devise, gift, or by the exercise of the power of eminent domain as provided by §§ 241 et seq. of this title and the laws of Puerto Rico, and to hold, conserve and operate any agricultural enterprise as provided in §§ 241 et seq. of this title, and to acquire through like means, construct or operate plants or factories for the industrial processing of agricultural products or byproducts, or products or byproducts related with or necessary or advisable for the development or promotion of agriculture.
(g-1) To subscribe to, acquire, own, and dispose of stock in corporations and cooperative associations engaged in the production of equipment or in the production or mixture of materials necessary for agriculture, or engaged in the production, industrial processing, purchase, packing or sale of farm produce or byproducts thereof. The Authority is hereby empowered to exercise all the powers and discharge all the duties inherent in its title to such stock.
(h) To hold, possess, or control in any lawful manner or under any title, for such time as it may deem necessary within the purposes of §§ 241 et seq. of this title, land in excess of five hundred (500) acres, but in no case shall subsidiaries having private stockholders exceed the said limit.
(i) To reclaim swamp lands belonging to the Commonwealth Government when, by provision of the Legislature of Puerto Rico, the United States Congress, or any governmental authority, the ownership, possession, or control of the said land is conveyed to the Authority; and likewise to acquire such land for the reclamation or material utilization thereof when, in its judgment, it is necessary for the carrying out of the purposes of §§ 241 et seq. of this title.
(j) To purchase, lease as lessee, or otherwise acquire and possess, as well as to use, land or any interest therein which it may deem necessary or advisable for carrying out the purposes of the Authority, and to sell, convey, exchange, or lease the said land or any part thereof for the purposes and in the manner provided in §§ 241 et seq. of this title. In the event of sales or conveyances of land of whatever kind to [juridical] persons, the latter shall not retain possession of more than five hundred (500) acres after the sale or conveyance is executed.
(k) To borrow money for any of its purposes and to secure the repayment of same by the encumbering, mortgaging, or pledging of all or any of its lands, properties, contracts, revenues, and receipts; to make, issue, and sell bonds of the Authority for any of the said purposes and to secure the payment of its bonds by the encumbering, mortgaging, or pledging of all or any of its lands, properties, contracts, revenues, and receipts.
(l) To make, issue, and sell bonds for the purpose of consolidating, reimbursing, paying, or redeeming any outstanding bonds issued or assumed by it, or any bonds or obligations whose principal and interest are payable in whole or in part from its revenues and receipts.
(m) To accept, either in its own behalf or in behalf of the Commonwealth of Puerto Rico, financial assistance of any nature, including subsidies, donations, advances, and other assistance of a like nature, from any agency or instrumentality of the Government of the United States of America or of the Commonwealth of Puerto Rico or of political subdivisions thereof, and to enter into contracts, leases, agreements, or other transactions with any of the said agencies, and invest the proceeds thus received for the purposes established in §§ 241 et seq. of this title.
(m-1) To accept in its own behalf from the Government of the United States of America or of the Commonwealth of Puerto Rico or from any dependency, instrumentality, or political subdivision of any of the said governments, the transfer of projects of any nature and the funds for the operation, continuation, and maintenance thereof.
(n) To sell or otherwise dispose of any real or personal property which in the opinion of the Authority is no longer necessary for its directly carrying out the purposes of §§ 241 et seq. of this title.
(o) To enter upon any land, upon notice to the owners or holders thereof or their representatives, for the purpose of taking measurements and making surveys and researches with regard to the nature, conditions, and value of the said land; Provided, That these powers shall not be delegated to the subsidiary corporation or corporations created by the Authority.
(p) To appoint such officers, agents, and employees, vest them with such powers, faculties, responsibilities and authorities, impose on them such duties, submit them to such rules, regulations, and provisions, and fix, change, and pay them such compensation for their services, as the Authority may determine, and in the manner determined by the Authority, subject to the policies, regulations and procedures approved by the Board. The administration of all the personnel matters of the Authority and of its subsidiary corporations shall be carried out without subjection to the personnel laws or rules and regulations promulgated by the Office of Personnel of the Government of Puerto Rico.
(q) To advance money through crop loan contracts or such other means as the Authority may deem pertinent, to its subsidiary corporations and to its purchasers, lessees, and colonos, producers or other suppliers, for plants or factories for the industrial processing or products or byproducts operated by it under subsection (g) of this section, when in its judgment such action is advisable for the purposes of §§ 241 et seq. of this title, and to accept liens on crops as security, or any other security which the Authority may deem satisfactory, and to stipulate all other conditions that the Authority may deem advisable and necessary, and the Authority may also make arrangements with federal, Commonwealth or private credit agencies or with individuals in order to facilitate the obtaining of crop, agricultural or other loans by its subsidiary corporations, and by its purchasers, lessees and colonos, producers or other suppliers for the plants or factories for the industrial processing of agricultural products and byproducts operated by it under subsection (g) of this section; Provided, That the Authority may make partial liquidation to said colonos, producers or other suppliers on the products and byproducts delivered, and may likewise accept authorization from said colonos, producers or other suppliers in order that the liquidation on their agricultural products and byproducts, whether final or partial, be paid to the credit agencies or persons that may grant them said loans.
(r) To establish Commonwealth demonstration farms.
(s) To have complete control over and intervention in each and every one of its properties and activities, including the power to determine the nature of and the necessity for all expenses and the manner in which same shall be incurred, authorized, and paid regardless of any provisions of law regulating disbursement of public funds, and such determination shall be final and conclusive for all officers and employees of the Commonwealth of Puerto Rico.
(t) To contract jointly with its subsidiary corporations and/or with the proportional-profit farms, crop or [pignorative] loans, or others, and/or to guarantee or act as a surety for its subsidiary corporations and/or for the proportional-profit farms created under the provisions of Title IV of this act on crop or [pignorative] loans or others executed by said subsidiary corporations or by said proportional-profit farms in favor of Commonwealth or federal agencies, banks or private individuals.
(u) To apply for, register, acquire by purchase or other lawful means, and own, hold, use, develop, exploit, and sell, rights and privileges relating to any patents, rights, trademarks, trade names, emblems, copyrights, syndicate rights, inventions, discoveries, concessions, procedures, and formulas of any kind, or to otherwise profit from or dispose of same, whether they are used in relation with patent certificates or otherwise or are obtained under same, or to sell the said rights and privileges belonging to it.
(v) To carry out agricultural development and promotion programs.
(v-1) To engage on a commercial or semi-commercial scale in the production, processing, marketing and distribution of agricultural and cattle products and byproducts related to, or that may be necessary or advisable for agricultural development or promotion.
(v-2) To provide private enterprises engaged in the production, processing, marketing and distribution of agricultural and cattle products and byproducts or products and byproducts related with or necessary and advisable for agricultural development or promotion, for adequate compensation, with such lands and facilities as in its judgment are necessary or convenient for the best development of each business; Provided, That in the case of [juridical] persons so provided with land, the provisions of subsection (j) of this section shall apply.
(v-3) To establish, for its own operation or for lease or sale to private enterprises, facilities for the production, processing, marketing and distribution of agricultural and cattle products and byproducts, or products or byproducts related with or necessary or advisable for agricultural development or promotion; of feeds in general, or of goods and equipment necessary in the production, processing, marketing and distribution of said products and byproducts and feeds.
(v-4) To enter into agreements with other private enterprises or with federal or Commonwealth dependencies for them to carry out scientific research projects relating to the production, processing, marketing and distribution of agricultural and cattle products and byproducts, or products and byproducts related with or necessary or advisable for agricultural development and promotion.
(v-5) To grant loans to individuals and to private organizations which, in the case of [juridical] persons, do not own more than five hundred (500) acres of land, in furtherance of the production, processing, marketing and distribution of agricultural and cattle products and byproducts, or products and byproducts related with or necessary or advisable for agricultural development and promotion.
(v-6) To render services and technical aid, with or without compensation, and to lease and sell equipment or supplies, to persons or entities engaged in the activities of production, processing, marketing or distribution of agricultural and cattle products and byproducts, or products and byproducts related with or necessary or advisable for agricultural development or promotion; or products necessary in the production, processing, marketing and distribution thereof.
(v-7) To carry out, either directly or by contract, the development, promotion and publicizing of the activities, products, and programs of the Authority and/or of its subsidiary corporations.
In the exercise of its powers and faculties and as concerns the subsidiary entities whose creation is authorized by §§ 241 et seq. of this title, both the Authority as well as the said subsidiaries shall promote the acquiring of stock by their workmen and may, insofar as possible, facilitate such acquisition, abiding by the circumstances attending each subsidiary and the purposes of its creation.
History —Apr. 12, 1941, No. 26, p. 388, § 8; May 11, 1942, No. 197, p. 996, §§ 3—6; May 10, 1945, No. 158, p. 536, §§ 1, 2; Apr. 26, 1946, No. 474, p. 1376, § 2; May 13, 1947, No. 355, p. 682; May 13, 1947, No. 358, p. 688; Apr. 19, 1950, No. 65, p. 164; May 15, 1950, No. 429, p. 1048, § 5; Sept. 26, 1950, No. 5, p. 298; May 15, 1952, No. 471, p. 1030; May 28, 1954, No. 46, p. 260, § 6; June 30, 1955, No. 106, p. 622, § 5; June 27, 1958, No. 131, p. 315, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/262/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/263/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/264/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/265/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/266/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/267/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 subsidiar...
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/268/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 emerge...
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/269/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 proce...
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/270/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/271/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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; com...
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/272/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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; j...
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/273/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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 possessi...
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/274/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/275/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/276/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/277/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/278/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 278 - Disposal of land; restrictions on transfer
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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) › § 278 - Disposal of land; restrictions on transfer
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The Authority shall have the power to sell, alienate, cede, or transfer the land acquired to individuals and agricultural cooperatives in accordance with the provisions of §§ 241 et seq. of this title and for the purpose of making the purposes hereof effective. It shall have power, further, to lease said lands or cede them in usufruct, with or without the final purpose of sale, to individuals, agricultural cooperatives or persons participating in proportional-profit farms, as the latter are defined in and established by §§ 241 et seq. of this title. In the case of any disposition of real property or any interest therein, the beneficiaries thereof and any and all persons claiming under or through them shall be bound by any provisions contained in the instrument of conveyance or of any other nature placing conditions and restrictions on subsequent conveyances, transfers, or encumbrances of the property or any interest therein or defining the qualifications of persons entitled to acquire said premises or interest therein by any means whatsoever. The property or interest therein so disposed of shall be permanently encumbered by such restrictions imposed by the Authority as may be deemed by the Authority necessary or proper for the better use or enjoyment of the premises or interest therein disposed of. Each individual holding created under Title VI, each parcel provided for under § 463 of this title, and each parcel created under § 551 of this title shall be, and is hereby, protected from forced sale for the payment of all debts, except by the Authority itself or any Commonwealth or federal agency to recover the purchase money thereof, or for collection of taxes, if any be owing thereon; and no mortgage, trust deed or other lien thereon shall ever be valid, except when executed in favor of the Authority or of some Commonwealth or federal agency; nor shall any such holding or parcel be transferred, leased, or otherwise disposed of, except to a person who is eligible, under the terms of §§ 241 et seq. of this title and by consent of the Authority, to acquire such parcel or holding; Provided, That nothing herein contained shall prohibit the transfer of such holding or parcel not held under lease by the holder thereof, to his parents, or children, should these be eligible. Any conveyance, lease or other disposition of the land, or establishment of any lien of any kind thereon, or purported conveyance, lease, or other disposition thereof or establishment of any lien of any kind thereon, in contravention of the provisions of this section, shall vest no legal rights of any kind in the purported transferee, but shall, on the contrary, be grounds for seizure, in behalf of the Authority, of any interest, rights and actions the purported transferors or transferees have or may have in said land the Authority remaining then at liberty to dispose freely of said land, without having to indemnify any person whatsoever for any construction, building, plantation, or improvement made on the parcels under Title V, on the individual farms under Title VI, and on the holdings under Title IV of this act.
History —Apr. 12, 1941, No. 26, p. 388, § 24; May 11, 1942, No. 197, p. 996, § 9; May 11, 1943, No. 68, p. 158; Apr. 24, 1945, No. 32, p. 110; May 14, 1948, No. 198, p. 566, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/279/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/284/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/285/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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(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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/286/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/287/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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
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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
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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.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/288/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 288 - Power of Land Authority to receive donations and other aid
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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) › § 288 - Power of Land Authority to receive donations and other aid
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The Land Authority shall be empowered to receive funds, gifts, subsidies, appropriations, advances, loans or other similar payments or aid from the federal or Commonwealth government, or from municipalities, private persons, banks or other private or governmental entities, to carry out its purposes, and it may enter into agreements with such governments, agencies, banks, or other private or governmental entities, for the use of such funds or aid, including the making of contributions to such funds in a manner not in conflict with the purposes and the spirit of §§ 241 et seq. of this title.
History —Apr. 12, 1941, No. 26, p. 388, § 80; June 27, 1958, No. 131, p. 315, § 13.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/289/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 289 - Exemption from fees—Judicial proceedings; certificates; execution and registration of public...
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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) › § 289 - Exemption from fees—Judicial proceedings; certificates; execution and registration of public documents
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The Land Authority of Puerto Rico and its Executive Director are hereby exempted from the payment of all kinds of fees prescribed by laws in force for the prosecution of judicial proceedings, issuance of certificates by all organizations of the Commonwealth government, and for the execution of public documents and the registration thereof in any public registry of Puerto Rico.
History —Apr. 29, 1943, No. 30, p. 78, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/290/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 290 - Exemption from fees—Proceedings to perfect titles to property under Title V of Land Law
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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) › § 290 - Exemption from fees—Proceedings to perfect titles to property under Title V of Land Law
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In all these cases where the Land Authority of Puerto Rico needs to acquire rural properties or participation or rights therein, or to sell, cede, donate, exchange, or otherwise dispose of lands belonging to it or any participation or right therein, in the carrying out of the agrarian policy established by Title V of the Land Law of Puerto Rico, if, for the purpose of perfecting the titles to be transferred to it, it should be necessary or indispensable to legalize records of any kind, the prosecution of such judicial proceedings are hereby exempted from the payment of schedule fees required by the laws in force. Such exemption shall be effective only as regards the proceedings filed in connection with the parcels to be transferred in accordance with this section; but when the judicial proceeding, by the nature thereof, does not specifically refer to any real right, the decision of the court shall be effective solely for the purposes of perfecting the title and the registration of the parcels so transferred to the Land Authority of Puerto Rico.
The clerks of the courts shall, when issuing certified copies of the decisions in these cases, state that the same have been prosecuted fee-free and solely for the purposes of the agrarian policy of Puerto Rico.
History —Apr. 29, 1943, No. 30, p. 78, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/291/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 291 - Exemption from fees—Execution and registration of titles; certificates
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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) › § 291 - Exemption from fees—Execution and registration of titles; certificates
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The exemption provided by § 290 of this title is hereby made extensive to all schedule fees prescribed by the laws of Puerto Rico for the execution of titles and registration thereof in the registries of property, and for the issuance of all kinds of certificates by all administrative centers, both Commonwealth and municipal.
History —Apr. 29, 1943, No. 30, p. 78, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-31/subchapter-ii/292/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›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)›§ 292 - Exemption from fees—Certificate supporting exemption
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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) › § 292 - Exemption from fees—Certificate supporting exemption
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Whenever under § 290 of this title, it is desired to file judicial proceedings, execute a title, register the same in the registry of property, or request any official document in behalf of any private person or entity, the need of such proceeding, execution, registration, or document, and the purposes sought thereby, shall be attested by a certificate of the Executive Director of the Land Authority of Puerto Rico, which shall be presented to a competent court or official.
History —Apr. 29, 1943, No. 30, p. 78, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-32/301/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART II - Land Authority (§§ 241 — 512)›Chapter 32 - Puerto Rico Land Authority—Voluntary Early Retirement Program (§§ 301 — 312)›§ 301 - Establishment
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 32 - Puerto Rico Land Authority—Voluntary Early Retirement Program (§§ 301 — 312) › § 301 - Establishment
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The Puerto Rico Land Authority, in its capacity of public corporation, shall implement a Voluntary Early Retirement Program which shall include all employees that hold positions in said Corporation that on Jan. 31, 2008, have attained a minimum of twenty-five (25) years of accredited service as participants of the Retirement System of the Employees of the Government and the Judicature of the Commonwealth of Puerto Rico, hereinafter denominated Retirement System.
The implementation of the Voluntary Early Retirement program for the employees of the Authority herein authorized shall be in strict compliance with all labor laws, collective bargaining agreements in effect and with the due respect to the Merit Principle, to the provisions of law that prohibit political discrimination and to the vested rights of the public servants that work in said entity.
History —May 12, 2008, No. 59, § 1.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-32/302/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART II - Land Authority (§§ 241 — 512)›Chapter 32 - Puerto Rico Land Authority—Voluntary Early Retirement Program (§§ 301 — 312)›§ 302 - Pension
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 32 - Puerto Rico Land Authority—Voluntary Early Retirement Program (§§ 301 — 312) › § 302 - Pension
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Every employee who meets the requirements of § 301 of this title and that on Jan. 31, 2008, has completed twenty-five (25) years or more of accredited service and reached fifty (50) years of age or more, and who voluntarily avails him/herself of the Program authorized in this chapter, shall be entitled to receive a pension equal to seventy-five percent (75%) of the average compensation. This average compensation shall be determined in accordance to the date of entry of the employee into the Retirement System, as established in §§ 761 et seq. of Title 3. No person who avails him/herself of this Program may contract, either by him/herself or through third parties, the rendering of services with any government entity or public corporation during a term of four (4) years.
History —May 12, 2008, No. 59, § 2.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-32/303/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART II - Land Authority (§§ 241 — 512)›Chapter 32 - Puerto Rico Land Authority—Voluntary Early Retirement Program (§§ 301 — 312)›§ 303 - Indispensible positions
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 32 - Puerto Rico Land Authority—Voluntary Early Retirement Program (§§ 301 — 312) › § 303 - Indispensible positions
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It is provided that through the implementation of this Voluntary Early Retirement Program, the Puerto Rico Land Authority shall eliminate the positions equivalent to those that become vacant as the result, with the exception of Head of Leases, which has been identified as indispensable. It shall be understood by indispensable positions those whose functions are of a highly specialized nature, essential and imperative for the most effective operation of the Authority in order for it to carry out the public purpose for which it was created as a public corporation of the Commonwealth of Puerto Rico. To fill this indispensable position, the career personnel of the Authority that express their availability for relocation to such position shall be given preference, therefore, an internal notice of convocation shall be opened for such purpose.
It is further provided that no additional personnel shall be contracted or subcontracted to carry out tasks conducted by the employees who have availed themselves of the retirement program. To fill a position identified as indispensable, the employees of the Land Authority shall be given priority, and in second place, an active employee of the Government of the Commonwealth of Puerto Rico, mainly from the agencies attached to the Department of Agriculture. The Authority shall train that employee who applies to such indispensable position so that he/she complies with the requirements of the position, provided it is not extremely onerous for the Authority. At the time of calculating the expenses to be incurred in training an employee to hold an indispensable position, the following factors shall be taken into consideration, without it constituting a limitation: the number of positions to be filled versus the available personnel, the time required for training and the cost thereof.
History —May 12, 2008, No. 59, § 3.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-32/304/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART II - Land Authority (§§ 241 — 512)›Chapter 32 - Puerto Rico Land Authority—Voluntary Early Retirement Program (§§ 301 — 312)›§ 304 - Special incentives
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 32 - Puerto Rico Land Authority—Voluntary Early Retirement Program (§§ 301 — 312) › § 304 - Special incentives
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The special incentives that the Authority shall grant the employees who meet the parameters set forth in §§ 301 and 302 of this title are the following:
(a) Total liquidation of accumulated regular sick and vacation leaves, as provided by law.
(b) Health insurance for one (1) year as of the effectiveness of his/her retirement or a bonus equal to the cost of the contribution made by the Authority for this benefit.
(c) Maximum bonus for having availed him/herself of the Retirement System, as established in the collective bargaining agreement, which shall also apply to the managerial employees included in this chapter.
History —May 12, 2008, No. 59, § 4.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-32/305/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART II - Land Authority (§§ 241 — 512)›Chapter 32 - Puerto Rico Land Authority—Voluntary Early Retirement Program (§§ 301 — 312)›§ 305 - Decision timeframe
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 32 - Puerto Rico Land Authority—Voluntary Early Retirement Program (§§ 301 — 312) › § 305 - Decision timeframe
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An employee who meets the employment requirements according to §§ 301 and 302 of this title, shall have to exercise his/her decision to avail him/herself of the Early Retirement Program on or before thirty (30) days as of the approval of this act.
Every informed decision of an employee to voluntarily avail him/herself of the Early Retirement Program herein provided shall be considered final, binding and irrevocable for all legal purposes.
History —May 12, 2008, No. 59, § 5.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-32/306/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART II - Land Authority (§§ 241 — 512)›Chapter 32 - Puerto Rico Land Authority—Voluntary Early Retirement Program (§§ 301 — 312)›§ 306 - Pending claims
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 32 - Puerto Rico Land Authority—Voluntary Early Retirement Program (§§ 301 — 312) › § 306 - Pending claims
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It is hereby provided that the opportunity of an eligible employee to avail him/herself of the Early Retirement Program shall not be conditioned to relinquishing judicial or administrative claims against the Authority and the Department of Agriculture, whether present or pending adjudication.
History —May 12, 2008, No. 59, § 6.
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https://law.justia.com/codes/puerto-rico/title-twenty-eight/part-ii/chapter-32/307/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737)›PART II - Land Authority (§§ 241 — 512)›Chapter 32 - Puerto Rico Land Authority—Voluntary Early Retirement Program (§§ 301 — 312)›§ 307 - Uncredited service
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2023 Laws of Puerto Rico › TITLE TWENTY-EIGHT - Public Lands (§§ 1 — 737) › PART II - Land Authority (§§ 241 — 512) › Chapter 32 - Puerto Rico Land Authority—Voluntary Early Retirement Program (§§ 301 — 312) › § 307 - Uncredited service
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In those cases in which an employee, in order to complete the twenty-five (25) years, needs to accredit services not credited in the Retirement System, he/she shall file the application before the Coordinator for the Authority’s Retirement Affairs (hereinafter Coordinator), before the date of separation from service. It is further provided that in order for these employees to complete the time they are lacking to accredit service not credited and thus comply with the retirement requirements established in this chapter to avail themselves of said voluntary early retirement, it shall be allowed, as an exception to § 765a of Title 3, that said employees use their accumulated vacation and sick leaves. For such effects, every twenty (20) accumulated days shall be equal to one (1) month of work.
The Coordinator for the Authority’s Retirement Affairs shall certify to the System that the application for non-credited services was filed while the employee was in active service and that it complies with the other requirements of this chapter.
The Administrator of the Commonwealth of Puerto Rico Government Employees Retirement System shall accept the payment made by the employee for the non-credited services, even when he/she is not in active service, duly adjusted to the base of its actuarial cost, as an exception to § 765a of Title 3, provided the certification of the Coordinator is received. The effective date of the pension shall be the day after the separation from service, even though the employee has not finished paying the non-credited services, but has a payment plan to do so.
History —May 12, 2008, No. 59, § 7.
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