Esta ley enmienda la "Ley de Desarrollo Integral de las Comunidades Especiales" y la "Ley de Municipios Autónomos del Estado Libre Asociado de Puerto Rico de 1991" para requerir que los municipios obtengan una Resolución Conjunta de la Legislatura de Puerto Rico antes de expropiar terrenos y viviendas ubicados dentro de una Comunidad Especial. Se busca promover la autodeterminación y autofinanciamiento de estas comunidades, evitando prácticas paternalistas y asegurando que la expropiación sea un mecanismo considerado conjuntamente con la Legislatura, especialmente cuando la comunidad valora su preservación y mejora. Se establece un requisito de consulta comunitaria donde el setenta y cinco (75) por ciento de los votantes deben respaldar la expropiación.
(Approved August 26, 2004)
To amend the last paragraph of Section 2 and subsection
(e) of Section 4 of Act No. 1 of March 1, 2001, known as the "Special Communities Integral Development Act;" and amend the second paragraph of Section 9.003 of Act No. 81 of August 30, 1991, as amended, known as the "Autonomous Municipalities of the Commonwealth of Puerto Rico Act of 1991," in order to require that the municipalities, before expropriating land and housing located within a Special Community, obtain a Joint Resolution from the Legislature of Puerto Rico authorizing such an action.
Act No. 1 of March 1, 2001, known as the "Special Communities Integral Development Act" establishes as imperative that the Commonwealth of Puerto Rico and its municipalities modify its tendency to intervene and substitute its traditional role of conduct as a paternalistic state for a model that would incorporate the capacity and will to work of the people of the communities for the solution of its problems. In order to achieve this objective, the "Special Communities Integral Development Act" establishes as a priority of the Commonwealth of Puerto Rico the identification of those communities that because of their condition require special treatment so as to be able to achieve their development proactively.
The public policy provided in said Act establishes that the General Coordinator for Socioeconomic Financing and Self-Financing and the departments, public corporations and municipalities of the Commonwealth of Puerto Rico have the duty and responsibility of acting in an integrated manner and by taking systematic and interdisciplinary measures to promote the development of the duly identified Special Communities.
Certain problems have arisen concerning the coordinated implementation of this public policy, particularly as regards the various construction and planning projects in said special communities initiated in different municipalities throughout the Island. In consideration of the existing problems, the Legislature is especially interested in ensuring that attention be given to the development of the communities by a government that promote self determination and self-financing and leave behind the paternalistic practices that foster dependency.
We believe that when a community has been acknowledged as special under this Act, a positive valuation has already been made in favor of the integrity of said community. However, that community integrity and that government which fosters a work-oriented culture, vanish when the Autonomous Municipalities mistakenly use the delegated power for expropriation. At times said power is even exercised to the point whereby a community is denied the right to present proposals for improvement prepared pursuant to the chapter of the "Autonomous Municipalities Act" on citizen participation. We de not intend to take away from the Mayors the authority to exercise the power of expropriation as set forth in our body of laws even as regards the special communities, but that said power shall be exercised jointly with the Legislature when exercised precisely against a community which has decided in favor of its own preservation and
improvement because of the high value it places on itself. It is a mechanism employed to ensure that due consideration has been given to the matter. It is necessary to point out that the mechanism of expropriation is the one used by the municipalities when the property belongs or has belonged to the Commonwealth of Puerto Rico for the past ten (10) years.
To achieve the promotion of the development of these Special Communities in a more uniform and integrated manner it becomes necessary to amend the last paragraph of Section 2 and subsection
(e) of Section 4 of the "Special Communities Integral Development Act;" and the second paragraph of Section 9.003 of Act No. 81 of August 30, 1991, as amended, known as the "Autonomous Municipalities of the Commonwealth of Puerto Rico Act of 1991," in order to require that the municipalities, before expropriating land and housing located within a Special Community, obtain a joint resolution from the Legislature of Puerto Rico authorizing such an action.
Section 1.-The last paragraph of Section 2 of Act No. 1 of March 1, 2001, as amended, is hereby amended to read as follows: "It shall likewise be the public policy of the Commonwealth of Puerto Rico to promote and enable the alliance between the communities and the public and entrepreneurial sectors, as well as with the institutions of the civil society to attain the purposes of this Act. This includes the participation of the Municipal Governments as a basic component in the identification of the special communities and their needs, in the drafting of strategic plans for community development and in the collaboration for the implementation of these plans; provided that in those cases whereby said municipal plans contemplate the expropriation of land and housing within the communities
acknowledged as special according to this Act, a Joint Resolution shall be required from the Legislature of Puerto Rico authorizing such an action."
Section 2.-Subsection
(e) of Section 4 of Act No. 1 of March 1, 2001, as amended, is hereby amended to read as follows: "The Office shall have the responsibility to implement the public policy set forth in this Act. To attain it, the Office shall coordinate the government efforts for the social and economic development of the special communities and to obtain the following objectives:
(e) coordination and participation of the Municipal Governments as a fundamental component in the identification of special communities and their needs, in the drafting of strategic plans for community development and in the collaboration geared to the implementation of these plans ensuring that the public policy established in Section 2 of this Act is complied with so that in those cases whereby said municipal plans contemplate the expropriation of land and housing within the communities acknowledged as special according to this Act, a Joint Resolution be required from the Legislature of Puerto Rico authorizing such an action; that this has been the object of study and consideration through public hearings held in both legislative bodies to which the concerned municipalities and municipal leaders have been invited and that said Joint Resolution shall certify that the Office for Socioeconomic Financing and Self-Financing has conducted a community consultation through which seventy-five (75) percent of those who exercise their right to vote endorse the expropriations
and that said consultation was also conducted according to the process established by said Office, and ..." Section 3.-The second paragraph of Section 9.003 of Act No. 81 of August 30, 1991, as amended, known as the "Autonomous Municipalities of the Commonwealth of Puerto Rico Act of 1991," is hereby amended to read as follows: "The Municipality may initiate an expropriation process on its own provided the property does not belong or has not belonged to the Central Government or to any of its instrumentalities or public corporation during the ten (10) years prior to the date of the petition for expropriation, except with the authorization of a Joint Resolution of the Legislature. In said case, it must be accompanied by at least two (2) assessments conducted by two (2) real estate appraisers duly authorized to practice their profession in Puerto Rico, or in lieu of the latter, a single assessment conducted by a duly authorized appraiser and ratified by the Department of the Treasury or the Municipal Revenues Collection Center as well as a registry certification. In those cases whereby the expropriation of land or housing located within the communities acknowledged as special according to Act No. 1 of March 1, 2004, known as the "Special Communities Integral Development Act," is contemplated, a Joint Resolution from the Legislation authorizing such an action shall be required."
Section 4.-This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 232 (H.B. 3645) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend the last paragraph of Section 2 and subsection
(e) of Section 4 of Act No. 1 of March 1, 2001, known as the "Special Communities Integral Development Act;" and amend the second paragraph of Section 9.003 of Act No. 81 of August 30, 1991, as amended, known as the "Autonomous Municipalities of the Commonwealth of Puerto Rico Act of 1991," in order to require that the municipalities, before expropriating land and housing located within a Special Community, obtain a Joint Resolution from the Legislature of Puerto Rico authorizing such an action, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $29^{ ext {th }}$ of September of 2005.
Francisco J. Domenech Director
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