Commonwealth v. 317.813 Cuerdas of Land in Fajardo

84 P.R. 1
CourtSupreme Court of Puerto Rico
DecidedNovember 24, 1961
DocketNo. 12167
StatusPublished

This text of 84 P.R. 1 (Commonwealth v. 317.813 Cuerdas of Land in Fajardo) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. 317.813 Cuerdas of Land in Fajardo, 84 P.R. 1 (prsupreme 1961).

Opinion

Mr. Justice Belaval

delivered the opinion of the Court.

At the request of the Industrial Development Company and for the purpose of accelerating the development of the tourist industry in Puerto Rico, the Commonwealth of Puerto Rico filed on January 27, 1955 a condemnation proceeding against Tomás Ramírez, for the purpose of acquiring two parcels of land in the ward of Quebrada Fajardo of the Municipality of Fajardo, Puerto Rico, one of which had an area of 85.339 cuerdas as marked on the plans under letter A, and the other with an area of 232.474 cuerdas, under letter B. According to the documentary evidence of the case, parcel B has an extensive coast line which constitutes the greater part of its northwestern boundary and a long bank along Aguas Prietas Lagoon, which also constitutes the greater part of its eastern boundary. The Commonwealth deposited the amount of $54,888.73, at the rate of $173.79 per cuerda, for parcel A and at the rate of $172.31 per cuerda for parcel B, as the fair and reasonable value of the parcels taken.

Feeling aggrieved by such assessment, Ramirez answered the complaint alleging, on the contrary, that the value of the property taken was $111,234.55, at the rate of $350 per cuerda. After holding the corresponding hearings, the trial court concluded that the reasonable value of the condemned parcels was $240 per cuerda, and ordered the Commonwealth to deposit the sum of $21,386.39, plus interest at the rate of 6 per cent annually, counted from the filing of the proceeding.

The grounds adduced by the trial court for determining the increase in value are the following: The topography of the property in question is undulated and its declivity ranges between 0 and 45°; its better use is for agricultural purposes and pasture for cattle; that after the owner-condemnee acquired the property, he proceeded to clear and condition it. [4]*4eliminating the underbrush; and added: “taking into consideration the testimony of the parties, its conditioning and clearance, the observations made by the court during the personal inspection, and the sale of a certain property belonging to defendant Tomás Ramírez, of which the land taken in this case was a part, for the sum of $275 per cuerda, as it appears from deed of sale No. 15 executed by Tomás Rodriguez in favor of Ramón Otilio Soto, in Fajardo, Puerto Rico, on February 9, 1956, before Notary Antonio J. Matta (see Exh. ‘X’ of both parties) ; considering, further, the evidence as a whole which is indicative of the reasonable market value, the court arrives at the conclusion that the said value amounts to an average of $240 per cuerda. The court does not take into account the value paid for adjacent lands by the Commonwealth of Puerto Rico, since in our opinion its reasonable value should be determined, according to the circumstances, by the condition of the property as well as by the price paid according to exhibit ‘X’ of both parties.” The condemned owner did not appeal from this determination, but the Commonwealth did.

The Commonwealth’s objections are the following: (1) The trial court erred in holding that the reasonable value of the property should be determined, according to the circumstances, by the condition of the property; (2) it erred in holding that the value of the parcel should also be determined on the basis of the price at which the remainder of the property was sold following condemnation; (3) it committed error of law in the weighing of the evidence in holding that the value of the condemned property was $76,275.12; (4) it erred in not taking into account and not giving weight to the sales of similar lands presented by the plaintiff-appellant; (5) it erred in holding that the sum of $54,888.73 deposited by the plaintiff-appellant is not the fair and reasonable value of the parcel taken; (6) it erred in holding that the money spent by the defendant-appellee in the conditioning and clearance of [5]*5the property was a controlling factor to be considered in its appraisal; (7) it erred in declaring that witnesses Pablo Calderón, Juan Zalduondo, and Carlos Esteva, Jr. were qualified to testify on the value of the condemned property; (8) it erred in admitting offers for the purchase of the lands; (9) it erred in admitting evidence on a sale of a piece of land without it having been established that it was similar to the condemned parcel, taking into account only the value to the acquirer; (10) it erred in permitting that the appraisals and values established in condemnation cases be proved.

1-2 The test followed by the trial court in the sense that “its reasonable value should be determined, according to the circumstances, by the condition of the property,” is another way of stating the holding in our opinion in People v. Huyke, 70 P.R.R. 720, 722 (De Jesús, 1950), in which it is held: “for the purpose of making a just appraisal, we must consider . . . the price that a buyer is willing to pay at a voluntary sale and that at which a vendor, under like circumstances would be willing to sell, taking into account the condition of the land at the time of the condemnation . . (Italics ours.) The fact that the trial court determined that another sale made by the same condemnee of the remainder of the property which was not condemned was a typical voluntary sale, under like circumstances, taking into account the condition of the adjacent lands, for the purpose of fixing the value of the parcels taken, is not error. The instant ease is the inverse — a subsequent sale by the condemnee, not by the condemnor — of that which we considered in Puerto Rico Housing Authority v. Valldejuli, 71 P.R.R. 600, 601-04 (Snyder, 1950), and we believe it admits of the further clarification in the case of People v. Colón, 73 P.R.R. 531, 541 (Todd, Jr., 1952), in the sense that “the rule of admissibility adopted in the Valldejuli case is subject to proof that the sale between both contracting parties was spontaneous.” We are dealing with a second spontaneous sale, quite con[6]*6temporaneous with the condemnation date, since it was made one year later in the ordinary course of the juridical business. As we held in Commonwealth v. Ocean Park Dev. Corp., 79 P.R.R. 149, 159 (Snyder, 1956), we should not part from the principle that every government project enhances the value of adjacent lands unless there is evidence of unusual speculation as a result of the public project, a situation not revealed by the evidence.

3 We have examined the evidence of both parties and are fully satisfied that the value of $76,275.12 determined by the trial court, far from being prejudicial to the Commonwealth, favored it. In adopting the somewhat arbitrary rule in the decision of the case, the trial court did not take into account the panoramic value of the coast line for tourist purposes (amenities), despite the express admission in that sense contained in the Commonwealth’s averments and the eloquent demonstration of such panoramic value in the documentary evidence offered by the Commonwealth. In connection with the adoption by the courts of the norm that among the values of public welfare is the aesthetic value, see, for example, Berman v. Parker, 348 U.S. 26, 33; 99 L. Ed. 27, 38 (Douglas, 1954); López v. Planning Board, 80 P.R.R. 625, 640 (Saldaña, 1958); Commonwealth v. Aguayo, 80 P.R.R.

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Related

Berman v. Parker
348 U.S. 26 (Supreme Court, 1954)

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Bluebook (online)
84 P.R. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-317813-cuerdas-of-land-in-fajardo-prsupreme-1961.