Third. Every work, of whatsoever kind, the construction of which. may have been authorized by special law. No work devoted to private use can be declared of public utility. (Article 149 of the Regulations.) ART. 115. The declaration of public utility shall carry with it, so far as the individuals who request it are concerned: First. The right of neighborhood for the builders and their employees, which consists of the use of the objects enjoyed in common in the district of the towns in which the works are situated. Second. The application of the law of eminent domain to private property, in accordance with the provisions of the said Law and of the Regulations for its execution. Third. The exemption from the land tax and the property tax on the transfers of property which may take place in consequence of the application of the said law of eminent domain. The declaration of public utility may also carry with it the exemption from other temporary or permanent taxes, whenever it is thus determined by a special law for each case. (Article 150 of the Regulations.) ART. 116. The declaration of public utility, when it shall have been made in accordance with the provisions of Article 114, and shall carry with it the application of the law of eminent domain, shall be made by the legislative power in relation to works which, in the judgment of the Government, are of great importance; by the Colonial Department in reference to works paid for with the general funds of the State, and by the Governor-General in reference to provincial and municipal works. In case the exercise of the right of eminent domain is not requested, the Municipal Councils shall have the right to make the declaration of public utility, when the work is municipal and is included in one municipal district; the Provincial Deputation shall make the declaration when the work is provincial and when, being municipal, it is included in two or more towns; and lastly, by the Colonial Secretary when the work is in charge of the State. (Articles 152, 153, 154, 155, 156, 157, 158, and 159 of the Regulations.) ART. 117. The individual or company which asks for the declaration of public utility of a work shall annex to his or its petition a complete project, so that judgment thereof may be formed and of its object, of the private property which it shall occupy, and of the advantages which shall accrue to the general interests. (Articles 151 and 152 of the Regulations.) ART. 118. Before adopting a resolution, the project shall be submitted to an investigation in which it shall be heard, in the first place, all those interested in the condemnation proceedings, if the application of the law of eminent domain is requested; and afterwards the other individuals, officers, and corporations that, for each case, are specified in the Regulations. When the investigation has been made in the cases in which the declaration of public utility is to be declared by the Cortes, the Colonial Secretary shall present the present form of law. As to the rest, the Colonial Secretary, his delegates, or the proper corporation, shall decide upon the declaration requested, as may be deemed proper. (Articles 152, 153, 154, 155, 156, 157, 158, and 159 of the Regulations.) ART. 119. The resolutions which, in relation to public utility, may be adopted by the competent central Provincial or Municipal Administration shall be final, saving the appeals which are proper in accordance with the Law. (Article 160 of the Regulations.) CHAPTER X.-COMPETENCY OF JURISDICTION IN MATTERS CONNECTED WITH PUBLIC WORKS. ART. 120. The administrative jurisdiction to hear disputes, shall hear the appeals against the rulings of the AdministrationFirst. When the forfeiture of a concession made to individuals or companies in the terms prescribed by this Law is declared. Second. In all those cases in which the administrative resolutions which are final, affects rights acquired by virtue of rulings emanating from the same Administration. ART. 121. The tribunals of justice shall have jurisdiction of-` First. Questions which may arise between the Administration and individuals concerning the public domain or private property, and concerning servitudes founded on titles of civil rights. Second. Questions which may arise between individuals concerning the preferred right to the public domain, according to the present law, when the preference is founded on titles of civil rights. Third. Questions relative to damages and injuries occasioned to a third person in his property rights, the alienation of which is not compellable under the right of eminent domain, by reason of the establishment or use of the works which are the subject of the concession, or for any other causes depending on the concession. CHAPTER XI.-GENERAL PROVISIONS. ART. 122. Foreign capital which is employed in public works and in the acquisition of lands necessary for them, shall be exempt from reprisals, confiscations, and embargoes by reason of war. ART. 123. The provisions of the present Law do not invalidate any of the rights acquired prior to its publication and in accordance with the legislation on which they may have been founded. ART. 124. The proceedings relative to public works which, on the publication of these Laws, may be pending, shall be carried out in accordance with the prior legislation under which they were started, unless the interested parties prefer to submit to the provisions of the present Law. In case there are several interested parties and they do not agree, the proceedings shall follow the provisions of the former legislation. ART. 125. The Colonial Secretary may decide that the special laws published in the Peninsula relative to railroads, highroads, waters, and ports may be extended to Porto Rico, making a report thereof to the Cortes and of the Regulations and instructions for their application, introducing in them the modifications which he may deem proper, but always after the report of the Consulting Board of Roads, Canals, and Ports, and after hearing the full Council of State. ART. 126. All laws, decrees, and other prior provisions affecting public works which may be in conflict with the present Law are hereby repealed. Approved by His Majesty by Royal Decree of this date. It is a copy. LEON Y CASTILLO. FRANCISCO FONTANALS Y MARTINEZ, GENERAL GOVERNMENT OF THE ISLAND OF PORTO RICO, Bureau of Public Works, Civil Construction, Forests, and Mines. The Colonial Department on the 21st of May last issued to this General Government the Royal Order No. 234, which is as follows: YOUR EXCELLENCY: The general Law of Public Works which shall govern in this Island being approved by Royal Decree of this date, and, in compliance with article 2 of said Royal Decree, His Majesty the King (whom God preserve) has been pleased to approve the annexed Regulations for the execution of said Law in this Province. By Royal Order I communicate this to Your Excellency for your information and consequent action. And the approval of His Excellency having been given on the 13th of the present month, by his superior order there follows the publication of the said Regulations for general information. Porto Rico, June 27, 1881. FRANCISCO FONTANALS Y MARTINEZ, REGULATIONS FOR THE EXECUTION OF THE GENERAL LAW OF PUBLIC WORKS OF THE ISLAND OF PORTO RICO. TITLE FIRST.-WORKS IN CHARGE OF THE STATE. CHAPTER I.-Projects and construction of works by the method of ordinary contracts. ARTICLE 1. In accordance with Article 4 of the General Law and the special laws for each kind of works, the following are in charge of the State: First. Highroads, railroads, and ports included in the corresponding plans. Second. Light-houses for the illumination of the coast, and the establishment of all kinds of maritime signals. Third. The work of retaining within their beds and making navigable the principal rivers, and the drainage of lakes and marshes belonging to the State. Fourth. Civil constructions for the service of the Administration of the State. (Article 4 of the Law.) ART. 2. The Colonial Secretary, who has the administrative management of the works designated in the preceding article, shall make the plans of those which are in charge of the State, following the proceedings laid down in the proper Regulations for the execution of the laws of highroads, railroads, and ports. (Article 20 of the Law., ART. 3. The Colonial Secretary, in conformity with the provisions of Article 23 of the General Law, shall order the study of the works included in the plans of the State, in the order in which they are respectively mentioned and according to the legislative credits which admit of it. (Article 23 of the Law.) ART. 4. When the study of any work shall be necessary, the Governor-General may give the proper order to the Chief Engineer of the Province. Said Engineer shall make the estimate of the expenses which the study may necessitate, and shall submit it for superior approval. The Governor-General shall give this approval when the amount does not exceed one thousand pesos, and the Colonial Secretary shall do so in all other cases. (Article 23 of the Law.) ART. 5. The Chief Engineer of public works of the Island may delegate the study of the work to such Engineer as he may deem proper among those who are at his orders. If means of communication of great length are under consideration, the study may be made by two Engineers, in which case the intersecting point must first be fixed of the parts of the lines which shall be gone over by each, the work being then terminated and submitted for the superior approval, with entire independence. (Article 23 of the Law.) ART. 6. Every project must consist of the following documents: First. Explanatory memorial. Second. Plans. Third. Articles of technical conditions. Fourth. Estimate. This last document shall include, besides the cost of the work, the amounts which it may be considered necessary for condemnation proceedings and the drainage necessary for the foundations of hydraulic works, as well as all the other dependencies of the work, with the object of forming an idea of the total cost. When the projected work may be operated with earnings, there shall be accompanied the schedule of rates which are to be established for its use and profit, and the basis on which the application of the proposed schedule is to be made, as well as a calculation of the proposed gain to the company. The projects of the works shall be made in accordance with the forms which govern at the time of their formation, as well as the general rules of the service and the special instructions which in each case the general Direction may deem it convenient to establish. (Articles 23 and 27 of the Law.) ART. 7. For works of ports, besides the formalities expressed in the preceding article, those provided by the special law concerning the preliminary plans and investigations which must precede the drafting of the final projects, must be observed. (Article 23 of the Law.) ART. 8. Works of repair can not be carried out until after the approval of the estimates made by the Chief Engineer of the Prov ince, in accordance with the instructions which exist for this kind of service. For the preservation of the existing works in charge of the State, the Chief Engineer shall draft annual estimates, giving ample time to admit of superior approval. (Article 33 of the Law.) ART. 9. When a work not included in the plans of the State is under consideration, the execution of which shall nevertheless be deemed proper, in the judgment of the Government, the Colonial Secretary shall order that the Engineers make a preliminary project of the work. This preliminary project shall be drawn in accordance with the instructions which may be given in each case, and shall always consist of a memorial and plans which give a clear idea of the work and of its principal details, with an idea of its cost. (Articles 21 and 23 of the Law.) ART. 10. The preliminary project referred to in the preceding article shall be submitted to an investigation concerning the propriety or necessity of the execution of the work, in which shall be heard First. All those individuals who may be interested in the work, for which purpose it shall be exhibited in the office of the Secretary of the General Government for a period which shall be announced in the Gaceta de Porto Rico, and which shall be not less than thirty days. Second. The Municipal Councils and the Provincial Deputation. Third. The Boards of Agriculture, Industry, and Commerce of the Province, the districts of which may be interested in the work. Fourth. The military authorities, the naval authorities, and the Provincial Health Board, in special cases in which it is necessary because demanded by the nature of the work. Fifth. The Engineers in charge of the service and the Chief Engineer of the Province, so that they may make explanations concerning the claims which may have been made during the investigation. Said investigation shall be sent to the Governor-General, who shall send the proceedings to the Colonial Department for the proper action. All the above-named documents shall be sent to the Consulting Board of Roads, Canals, and Ports for the proper report thereon. (Articles 24 and 23 of the Regulations.) ART. 11. If, in view of the result of the investigation referred to in the preceding article, it may be deemed convenient or necessary to execute the work in question, the Colonial Secretary shall present to the Cortes the form of law which in this case is necessary in order to undertake the work, in accordance with the provisions of Article 21 of the general Law of Public Works. When this authorization has been once granted, the final study shall be made, which shall follow the proceedings set forth in Articles 3 to 7 of the present Regulations. (Articles 24 and 28 of the Law.) ART. 12. If the work should be of admitted urgency, after the requisites provided by Article 21 of the Law shall have been fulfilled, the Colonial Secretary or the Governor-General, as the case may be, shall decide upon the immediate drafting of the project, without waiting for the making of the estimate of the studies referred to in Article 4 75270-H. Doc. 1484, 60-2, pt 3———12 |