Mr. Justice Santana Becerra
delivered the. opinion of the Court.
. On December 5, 1963, the Commonwealth of Puerto Rico instituted a condemnation proceeding for the use and benefit of the Land Administration, a governmental agency of the Commonwealth created by Act No. 13 of May 16, 1962. The [490] condemnation proceeding, addressed against properties belonging to the defendants-appellees, was instituted, pursuant to the authority conferred by said Act, and the General Condemnation Act in force.
It was stated in the complaint that the executive director of the Land Administration deemed it useful, necessary, and convenient in order to carry out the ends and purposes for which the Administration was created, to acquire the properties which were the subject of the same and specifically, for the purpose of devoting them to the preparation and efficient use of new areas for the necessities of the community, creating adequate reserves of land, to help the Commonwealth of Puerto Rico to accomplish its public policy, as well as for any other purposes leading to the accomplishment of the purposes of the Act, which created the Land Administration; and that the acquisition of the properties which are the subject of the action is of public necessity and utility and complies with the purposes of the Administration. The absolute dominion of two properties of 137.70 and 118.26 cuerdas was condemned, as well as the absolute dominion of another of 25.519 cuerdas and of 62.8528 cuer-das formed by the consolidation of four smaller parcels, together with their respective structures and accessions.
Together with the complaint a declaration for the immediate taking and delivery of the property was filed, signed by the Governor of Puerto Rico, in which it was stated that the properties were being acquired by the Commonwealth for the use and benefit of the Land Administration and in order to enable it to accomplish the purposes for which it was created and specifically, for the preparation and efficient use of new areas for the necessities of the community of the metropolitan area of San Juan and in order to develop projects of the Administration in agreement with state or federal agencies, with the municipal government or with private persons and to create adequate reserves of land to aid the [491] Commonwealth to carry out its public policy and for the accomplishment of any programs in pursuit of the purposes of Act No. 13 of May 16, 1962, which created the Administration. The sum of $1,381,676.00 was deposited in the court as just and reasonable compensation for the property acquired.
By order of December 5, 1963, pursuant to law, the absolute dominion title became vested in the People of Puerto Rico and the defendants were granted a term of 30 days for delivery of the property. After several hearings, by order of February 24, 1964, the court stayed the order for the physical delivery of the property until the condemnation case could be decided on its merits. The situation since that time to the present is that the People of Puerto Rico has held the dominion title to the properties from December 5, 1963, but so far they have not entered into the possession, use, and enjoyment of the same.1
By judgment of July 2, 1964, the court dismissed the condemnation complaint and vacated the order of December 5,1963, vesting title. The Commonwealth filed the present appeal.
[492] —II—
The background of the foregoing proceedings was as follows:
On August 29, 1962, the Land Administration submitted to the consideration of the Planning Board, pursuant to the provisions of the Act creating it, a project for the integral development of the metropolitan area of San Juan, and requested the Board to approve said project for the acquisition of lands (Scope of Project) according to a plan which was attached. It stated that in the indicated geographical area the Administration proposed to carry out works of a public character or to carry out other programs germane to .the Land Administration Act and, as an integrated project, to make ready new areas for urban development of the Metro,-pdlitan Area under conditions that would secure the best balance with respect to .the necessities .of the future communities of the area, taking into consideration the standards of the Act,, especially its § 7(t), to secure for such area the hest conditions of. health,, safety,., comfort, .recreational,.far CÜities, and other essential services. All of this was projected in such a manner that the project for the development in this zone could be channeled so that the same would favor the use-of 'the lands indicated in the plan in a planned and efficient form. As "fundamental grounds for the said petition to the Board, the Land Administration submitted the information and the data contained in their consultation. As they are of fundamental importance in the'consideration of the issue,-the document and the plan are attached as-.Appendix (A) of this opinion. " '
. The Planning Board approved the Scope of the Project submitted by the Administration.2
[493] In doing so, the Board stated that conscious of its responsibilities under the law and exercising them with a general purpose of guiding the development of Puerto Rico in a coordinated, adequate, and economic way, which according to the present and future necessities and human re[494] sources, as well as physical and economical, would promote in the best way the health, safety, morale, order, convenience, prosperity, defense, culture, economic stability, and the general welfare of the present and future inhabitants, and such efficiency and economy in the process of development, [495] in the distribution of the population, in the use of the lands and of the public improvements as would tend to create conditions favorable to such ends, it considered the “implementation” of a program of development for the Metropolitan Area of San Juan indispensable. The program is to be based on the demand for lands which the stated population and economic growth heretofore mentioned will require in the Metropolitan Area of San Juan, which will permit the Planning Board to channel the growth of said area securing a development that is compact and contiguous to the areas already constructed, adequately provided with community facilities and services. Thus, the Board concurred with the Administration' and proceeded to approve the Scope of the Project of development submitted to it by the latter, according to the plan attached to Appendix (A). In consequence, the Board authorized the Land Administration to acquire by purchase, condemnation or in any other manner the vacant lands capable of subdivision comprised within the Scope of the Project for urban development, for making ready the necessary lands for a normal and compact development of this area.
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Mr. Justice Santana Becerra
delivered the. opinion of the Court.
. On December 5, 1963, the Commonwealth of Puerto Rico instituted a condemnation proceeding for the use and benefit of the Land Administration, a governmental agency of the Commonwealth created by Act No. 13 of May 16, 1962. The [490] condemnation proceeding, addressed against properties belonging to the defendants-appellees, was instituted, pursuant to the authority conferred by said Act, and the General Condemnation Act in force.
It was stated in the complaint that the executive director of the Land Administration deemed it useful, necessary, and convenient in order to carry out the ends and purposes for which the Administration was created, to acquire the properties which were the subject of the same and specifically, for the purpose of devoting them to the preparation and efficient use of new areas for the necessities of the community, creating adequate reserves of land, to help the Commonwealth of Puerto Rico to accomplish its public policy, as well as for any other purposes leading to the accomplishment of the purposes of the Act, which created the Land Administration; and that the acquisition of the properties which are the subject of the action is of public necessity and utility and complies with the purposes of the Administration. The absolute dominion of two properties of 137.70 and 118.26 cuerdas was condemned, as well as the absolute dominion of another of 25.519 cuerdas and of 62.8528 cuer-das formed by the consolidation of four smaller parcels, together with their respective structures and accessions.
Together with the complaint a declaration for the immediate taking and delivery of the property was filed, signed by the Governor of Puerto Rico, in which it was stated that the properties were being acquired by the Commonwealth for the use and benefit of the Land Administration and in order to enable it to accomplish the purposes for which it was created and specifically, for the preparation and efficient use of new areas for the necessities of the community of the metropolitan area of San Juan and in order to develop projects of the Administration in agreement with state or federal agencies, with the municipal government or with private persons and to create adequate reserves of land to aid the [491] Commonwealth to carry out its public policy and for the accomplishment of any programs in pursuit of the purposes of Act No. 13 of May 16, 1962, which created the Administration. The sum of $1,381,676.00 was deposited in the court as just and reasonable compensation for the property acquired.
By order of December 5, 1963, pursuant to law, the absolute dominion title became vested in the People of Puerto Rico and the defendants were granted a term of 30 days for delivery of the property. After several hearings, by order of February 24, 1964, the court stayed the order for the physical delivery of the property until the condemnation case could be decided on its merits. The situation since that time to the present is that the People of Puerto Rico has held the dominion title to the properties from December 5, 1963, but so far they have not entered into the possession, use, and enjoyment of the same.1
By judgment of July 2, 1964, the court dismissed the condemnation complaint and vacated the order of December 5,1963, vesting title. The Commonwealth filed the present appeal.
[492] —II—
The background of the foregoing proceedings was as follows:
On August 29, 1962, the Land Administration submitted to the consideration of the Planning Board, pursuant to the provisions of the Act creating it, a project for the integral development of the metropolitan area of San Juan, and requested the Board to approve said project for the acquisition of lands (Scope of Project) according to a plan which was attached. It stated that in the indicated geographical area the Administration proposed to carry out works of a public character or to carry out other programs germane to .the Land Administration Act and, as an integrated project, to make ready new areas for urban development of the Metro,-pdlitan Area under conditions that would secure the best balance with respect to .the necessities .of the future communities of the area, taking into consideration the standards of the Act,, especially its § 7(t), to secure for such area the hest conditions of. health,, safety,., comfort, .recreational,.far CÜities, and other essential services. All of this was projected in such a manner that the project for the development in this zone could be channeled so that the same would favor the use-of 'the lands indicated in the plan in a planned and efficient form. As "fundamental grounds for the said petition to the Board, the Land Administration submitted the information and the data contained in their consultation. As they are of fundamental importance in the'consideration of the issue,-the document and the plan are attached as-.Appendix (A) of this opinion. " '
. The Planning Board approved the Scope of the Project submitted by the Administration.2
[493] In doing so, the Board stated that conscious of its responsibilities under the law and exercising them with a general purpose of guiding the development of Puerto Rico in a coordinated, adequate, and economic way, which according to the present and future necessities and human re[494] sources, as well as physical and economical, would promote in the best way the health, safety, morale, order, convenience, prosperity, defense, culture, economic stability, and the general welfare of the present and future inhabitants, and such efficiency and economy in the process of development, [495] in the distribution of the population, in the use of the lands and of the public improvements as would tend to create conditions favorable to such ends, it considered the “implementation” of a program of development for the Metropolitan Area of San Juan indispensable. The program is to be based on the demand for lands which the stated population and economic growth heretofore mentioned will require in the Metropolitan Area of San Juan, which will permit the Planning Board to channel the growth of said area securing a development that is compact and contiguous to the areas already constructed, adequately provided with community facilities and services. Thus, the Board concurred with the Administration' and proceeded to approve the Scope of the Project of development submitted to it by the latter, according to the plan attached to Appendix (A). In consequence, the Board authorized the Land Administration to acquire by purchase, condemnation or in any other manner the vacant lands capable of subdivision comprised within the Scope of the Project for urban development, for making ready the necessary lands for a normal and compact development of this area.
[496] ■ The approval took place on January 23, 1963. The Board made the following provisions: “The right to use any of the properties included within the scope of this project in conformity with the uses authorized by the regulations and orders of this Board shall remain unaltered until the action for the taking in any legal form of said property in particular shall have been formally instituted.”
On January 24, 1963, the Governing Board of the Land Administration, presided by the Governor, approved Resolution No. 5.3 In it the Scope of the Project' for development approved by the Planning Board (plan, Appendix (A)) wa;s accepted. It declared that the property described in the Scope of the Project was useful, necessary, and convenient to carry out the ends of the Administration and to accomplish the purposes of the Act; it authorized the acquisition by purchase, condemnation or in any other form, under terms and conditions satisfactory to the Administration, of said property; and it authorized the Executive Director, of the Administration to sign and execute any document that might-be necessary to acquire by purchase, condemnation or in any other manner, these properties within the Scope- of the Project.
In a previous meeting held July 10, 1962, the Governing Board adopted the following standard: That it would not acquire lands having a preliminary development in good faith, approved or under consideration of the Planning Board as of the date on which the bill which later became the Act [497] creating the Land Administration was filed. That good faith could be shown by acts which evidenced an intention to carry out immediately or in the immediate specific future the approved development. Prima facie any. scheme of development filed in the Planning Board after approval of the Administration Act would not be considered to be in good faith.
Subject to the preceding standard, the meeting of the Governing Board on January 24, 1963, authorized the acquisition of innumerable properties belonging to different owners,- among them those of defendant Rosso which are here in controversy.4 Mr. Garcia Santiago, Chairman of the Planning Board, stated for the record that there was no subdivision project respecting the properties of Mr. Rosso pending before the aforesaid Board. Neither was there any -proposal whatsoever.
From February 1961 the Planning Board suspended approval in general of subdivision projects in the Metropolitan Area of San Juan until new guides could be adopted. The guides were proclaimed by Act No. 25 of June 8, 1962. When the bill creating the Administration was filed in the Legislative Houses on April 23, 1962, and when the said, bill became Act No. 13 on May 16, said suspension was in force.
At its meeting on May 1, 1963, the Governing Board considered a reconsideration of its resolution requested by Mr. Rosso, which was denied, the original resolution of acquiring the properties being ratified. On this, occasion, as at the preceding meeting, Mr. Garcia Santiago stated that defendant’s properties should be acquired because they formed part of a contiguous area. They could not be developed in[498] dependently of the area which surrounds them, and that with their acquisition the area would be integrated so as to accomplish an orderly plan and obtain low-cost housing.5
A further basis for the foregoing condemnation proceedings was the following set of additional facts:
On May 16, 1962, the Legislative Assembly approved Act No. 13 which gave life to the Land Administration of Puerto Rico as a political body and government instrumentality. The reasons for this legislation are expressed in a full statement of motives wherein the Legislative Assembly declares the existence of the following facts:
(1) That the Commonwealth of Puerto Rico is one of the most densely populated areas in the world.
(2) That urban lands or lands with potentialities for urban development are monopolized and kept without use by their owners.
(3) That this creates an artificial shortage of land and raises the price of lands at a greater rhythm than that of the price of other properties and staple commodities.
(4) That the rapid rise in the price of land makes it impossible for persons of scarce or average means, to purchase land in adequate areas and it compels these persons to construct their homes away from the immediate areas of the populations and far from their places of work and the places where they carry out their other activities.
(5) That the rise in prices of lands creates undesirable urban expansions, which in turn, creates serious financial [499] problems to the Commonwealth and the municipal governments because the costs of providing public services such as highways, water, sewer, public parks, public health, prevention and extinguishing of fires, police protection and other activities for the protection of life and property, essential for the development of the community, increase several times.
(6) That the rise in the prices of land increases the overhead cost of industrial and commercial establishments and, in consequence, their products are at a disadvantage in the competitive market, both local and outside of Puerto Rico.
(7) That the relatively rapid rise in the price of the lands increases inequalities in income because the unused lands in Puerto Rico, both urban and rural, are controlled to a great extent by a small number of persons.
(8) That the rise in the price of land affects furthermore, or prevents, the “implementation” of the master plans, is an element of worry for the public conglomerate and constitutes a grave problem.
(9) That in the public interest the excessive and disproportionate increase in the market price of the land should be avoided as soon as possible.
Having declared the existence of said evils, the Legislative Assembly stated:
(a) That the ever increasing price of land cannot be controlled, nor can the problems created by it be solved, by the present instruments of the governments of the Commonwealth and the municipalities.
(b) That the levying of taxes, and the regulations covering physical planning, are insufficient.
(c) That the regulation in connection with subdivision and zoning operates prospectively for undeveloped areas and are incapable of eliminating nonconforming legal uses of lands.
[500] .(d) That the regulation respecting the subdivision of lands is not sufficient: (i) neither to control the expansion of the limits of cities nor (ii) to control unarticulated a,nd inadequate expansions of cities.
Confronted.with the inefficacy of the means and manners now at hand to curb the evils announced, the Legislative Assembly declared:
(a) That in order to control the grave problem of the rise in the. prices of land the greatest utilization of public funds-.may be made, authorizing whenever necessary, the obtaining of private property.
(b.) That the Legislature finds that the provisions of Act No. 13 of May 16, 1962, which created the Land Administration, be adopted as a necessity of public.policy.
(c) That the reserve of lands authorized by the provisions of said Act is of itself a public purpose.
. (d)- That it is the intention of the Legislative Assembly that the activities of the Land Administration created by the said Act: (i) promote in a planned and efficient way the welfare, the economic .liberty, and the social justice of the present and future inhabitants of Puerto Rico, through the efficient use of the lands and the preparation of new areas in any part of Puerto Rico, in order to secure a better balance between the necessities of future communities, in harmony with the economic and geographical situations; (ii) preserve the historical values and the natural values of the land; (iii) insure the best conditions of health, safety, and social life; larger recreational facilities, greater and better essential services; (iv) avoid the concentration of lands for speculative purposes, in the hands of any- one person; (v) develop programs for the acquisition of the necessary lands and to channel all types of projects, by itself or together with other governmental , agencies, of the United States or with private entities; (vi) promote action leading [501] to-a better utilization and exploitation of the lands on the basis of more reasonable costs to the benefit of the welfare of the community, particularly in the zones of potential development; (vii) establish adequate land reserves to aid the Commonwealth in the execution of its public policy of industrial, commercial, and housing development, to provide public services so that there may be an orderly development in harmony with the master plans and to help it to perform more effectively its governmental responsibility of-maintaining the health, safety, and the welfare of the inhabitants.
(e) That it is the intention of the Legislative Assembly that the Administration exercise all the powers necessary (i) to carry out its activities; (ii) to acquire any property, right or servitude which favors the development, exploitation, and preservation of open areas in .their natural state, protect the bodies of water, preserve the soils and forests, preserve the beauty of the places devoted to public use; to protect from the effects of floods and facilitate the.-use and development of-areas reserved for projects of public interest; .(iii), to dispose of .its immovable property subject to the conditions, with the limitations respecting its use and exploitation that, may .be necessary and convenient, preventing that the use given to said property may tend to create or maintain .undesirable conditions or. conditions’ adverse, to the public-interest; (iv) • to establish, when'it sells or in any other way disposes, of its property, restrictions limiting the profits to be gained by the acquirer from the price to be paid by the public respecting said land; (V) to develop projects-.-for the rehabilitation of lands, through drying, drainage,‘filling, irrigation or through any other adequate method to. increase the utilization of- lands.6
[502] Thus in conformity with the broad declaration of intention and legislative purposes, the Legislative Assembly conferred powers upon the Administration. — Sections 7, 8, 16 of Act No. 13. Among them the full power to execute the public policy of the Commonwealth as declared in the statute.
[503] The power of condemnation having been conferred by the Commonwealth upon the Administration by delegation, the Legislative Assembly itself declared • that all property necessary for complying with the purposes of the Act, and all works or projects of the Administration were a public utility. — Section 13.
It was an express mandate of the Legislative Assembly to the Administration, among other expressed directives, that whenever the Administration sold or in any other manner disposed of its property in order that the grantee should develop the same in subdivisions or any other type of project implying a subsequent sale to private persons, it shall include a restriction limiting the profits with respect to the land and all other costs of the project, to be obtained by the grantee. —Section 7(z).
The Legislative Assembly expressly permitted the Administration to dispose of its property or of any right or interest in the same for a lower price than that which it had paid for it [at a loss], if by doing this the purposes established in the Act would be accomplished.
Unquestionably, Act No. 13 possesses all of the characteristics of emergency legislation — cf. § 7(c), (e), (o); §§ 9, 11, 14(g), 18 — its provisions being commensurate with the gravity of the problem to be attacked, for the execution of which the Legislative Assembly immediately appropriated huge sums of public funds. A harsh remedy for harsh evils.
—Hi-
lt is against the fact of the real existence of everything hereinabove stated, that we should focus the issue at bar [504] and pass legal judgment on the decision of the trial court.
• ' In the trial court the defendants-appellees made a frontal attack on the constitutionality of Act No. 13.7
■ The trial court made many pronouncements with a strong [505] implication that Act No. 13 is unconstitutional.8 Nevertheless we find its decision or' ratio decidendi in the following conclusions of law: ■ ' -
“The sufficiency of. the averment relating to the contemplated use, as well as the public nature thereof, having been attacked, it is the duty of this Court to determine and decide, [506] definitely, whether the purpose stated constitutes or not a public use. This determination requires that the Court consider the particular facts and circumstances present in this case. [Citation]
“The question of public use cannot be approached dogmatically and should be considered in a realistic manner, de[507] ciding each case on its own merits. The term ‘public use’ cannot be defined in contraposition to the concept of ‘private use.’ [Citation] The concept ‘public use’ is not susceptible of a precise definition. [Citation]
“In the interpretation and application of the term, the so-called liberal doctrine prevails in this jurisdiction. The concept ‘public use’ was adopted in the Constitution of the Commonwealth of Puerto Rico with the meaning impressed upon it by previous judicial decisions. [Citation] Laws of condemnation, as well as the statutes which delegate the legislative power or which interfere with the right of property, nevertheless, should be restrictively construed.” [Citation]
We agree — even though with the observation that the interpretation should always be the one which leads to an efficacious compliance with the ends or purposes of the legislature, not necessarily a restrictive, interpretation — that the foregoing propositions of law are substantially correct.
The trial court continued and it is supported by the def endants-appellees:
“Concomitantly to the problem of public use there arises the question of public utility and necessity in every condemnation. Section 13 of the Act of the Administration declares .that all properties which are necessary ‘to carry out the purposes of this Act’ are of public utility as well as all works or projects carried out by the Administration. This declaration requires an analysis of its legislative precedents.
“There is a marked difference between the declaration of public utility which appears in the law creating the Administration and the declaration authorized by the General Condemnation Act. The declaration of utility contained in the Act of the Administration deprives the citizen of the rights which favored him in the General Condemnation Act. In effect under the latter the declaration of public utility requires a previous hearing in all cases for the interested parties ‘respecting the necessity for a better public service and a better execution of [508] the work to that end’. . . .