Mario Mercado e Hijos v. Superior Court of Puerto Rico

85 P.R. 354
CourtSupreme Court of Puerto Rico
DecidedMay 4, 1962
DocketNo. 2867
StatusPublished

This text of 85 P.R. 354 (Mario Mercado e Hijos v. Superior Court of Puerto Rico) 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
Mario Mercado e Hijos v. Superior Court of Puerto Rico, 85 P.R. 354 (prsupreme 1962).

Opinion

Mr. Justice Blanco Lugo

delivered the opinion of the Court.

At the request of the Puerto Rican Development Company, a condemnation proceeding was instituted on September 9, 1959 against the corporation Mario Mercado e Hijos and others for the purpose of acquiring a parcel of 70.8397 cuerdas of land located in the ward of Canas, Ponce, to be used for industrial purposes. Two days later a decision was issued, ordering the material delivery of the parcel and vesting the Commonwealth of Puerto Rico with title in fee simple over said property.

Respondent requested to set aside the order for actual delivery of the condemned parcel, setting forth in synthesis, the following grounds: 1 — the condemnation does not constitute a public use; 2 — the exercise of the power to condemn and to deprive an established industry of its source of raw material and then to deliver those lands to private entities for the operation of industrial establishments is unlawful and unconstitutional and, 3 — the determination made in the selection of the lands is arbitrary and prejudicial to the interests of the owner, as well as of the community in general. After a hearing during which documentary and oral evidence were introduced, the court by an order of March 23, 1960 dismissed this motion. An appeal was filed which we dismissed on June 6 of that same year. Commomuealth of Puerto Rico v. Mario Mercado e Hijos, appeal No. 12800. The answer reproduced as special defense that defense relative to the selection of the condemned lands, and in an amended answer it was specifically alleged that the condem[357]*357nation was arbitrary, capricious, unreasonable and irrational, therefore depriving it of its property without due process of law.

Respondent served the State a sheet of interrogatories which required the following information:

“1. State the name of the expert or experts employed in the appraisal of the lands involved in this case.
“2. State the name of the persons which took part in the selection of the lands in this case.
“3. State the procedure employed in this case for the selection of the condemned lands and on what basis was their public usefulness determined.
“4. State whether plaintiff was not offered, prior to the condemnation, other lands in the same farm, not planted with cane.
“5. What factors were employed to reach the conclusion that the condemned lands were better?
“6. State how plaintiff arrived at the conclusion that the condemned land is worth $125,455.90 and what elements or factors were utilized.
“7. Furnish copy of the appraisers’ report in this case.
“8. Furnish copy of sales or transactions employed to reach that conclusión and state which do you intend to use in this •case.
“9. State whether plaintiff, took into consideration the impact on Central Rufina and on the sugar industry in general upon condemning 70 cuerdas of land planted with cane.
“10. State whether upon making the selection of the lands, the Department of Agriculture of P. R. was consulted, and if so, what was its answer.
“11. How does plaintiff explain that while on the one hand the Legislature of Puerto Rico spends millions of dollars as incentive for the planting of canes, on the other hand plaintiff ■strips a farmer of 70 cuerdas of cane, yielding approximately 3,000 tons of cane?
“12. Furnish a list of industrial propositions which plaintiff intends to carry out in the condemned land and the type of activity to which they would be devoted, indicating the number of workers to be employed, annual payroll, and materials to be used.
[358]*358“13. State whether soil tests were made and in which places. Furnish copy of the report.
“14. Furnish a copy of the report of the Planning Board approving the acquisition of the lands.
“15. Furnish a copy of the requirement referred to in paragraph No. 1 of the complaint.
“16. State whether the condemned lands are adjacent and contiguous to a first-rate highway.
“17. State whether there are facilities of electricity, power, and telephone in that locality.
“18. State the distance between the condemned lands and San Antonio Urbanization, Grillasca Urbanization, from Parque Atlético Montaner, Dr. Pila High School, the Vocational School, Hostos Avenue.
“19. State whether or not the condemned land is flat.”

Plaintiff furnished the information as to the name of the expert appraiser employed for the appraisal of the land (interrogatory No. 1), the factors utilized to verify the appraisal (interrogatory No. 6), the report of similar sales considered for the appraisal (interrogatory No. 8) and the topography of the land (interrogatory No. 19). It objected to the rest on the following grounds: as to interrogatories Nos. 2 to 5, because an identical issue — the challenge of the selection of the lands — has already been decided in two previous occasions in a way contrary to the pretensions of the defendant corporation; as to interrogatory No. 7, which required a copy of the report of appraisal, because it was inappropriate; as to interrogatories Nos. 9 to 12, because they concerned irrelevant matter; and as to the rest, because they concern matter which is easily available to the proponent and within its reach.1 These objections were sustained, and in order to review the action of the Condemnation Court we granted certiorari.

[359]*3591. In Martínez v. Superior Court, ante, p. 1, we adopted the rule of permitting — under certain conditions —the discovery of expert evidence in cases of condemnation. We specifically authorized that the inspection or copy of the report of the expert appraiser be permitted when, as in the case at bar, the taking of his deposition was not authorized. Respecting interrogatory No. 7 the trial court erred in sustaining that the delivery to defendant of a copy of the report of the appraiser Feliú was inappropriate. However, in the order it shall render, it may impose whatever conditions might safeguard the opportunities which the State should have of adequately preparing itself for the hearing of the case, specially if defendant intends to use later the testimony of experts to challenge the aforesaid report of appraisal.

2. Interrogatories Nos. 2, 3, 4, 5, 9, 10, 11, and 12 are directed towards obtaining information in order to support the allegation that the selection of the land was capricious and arbitrary. Even when this same issue was decided adversely to the defendant corporation — after introducing evidence to that effect — we prefer to discuss it so as to clearly establish the rule which should be observed for the purpose of determining the appropriateness of this allegation and its limitations.

In general terms it has been held that since the power to condemn is an attribute inherent to the sovereignty of the State, the only limitations that may be acknowledged toJ its exercise are that the property be devoted to public use or purpose and that defendant be paid a just compensation therefor.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Railroad Co. v. Grant
98 U.S. 398 (Supreme Court, 1879)
Shoemaker v. United States
147 U.S. 282 (Supreme Court, 1893)
Joslin Manufacturing Co. v. City of Providence
262 U.S. 668 (Supreme Court, 1923)
Rindge Co. v. County of Los Angeles
262 U.S. 700 (Supreme Court, 1923)
United States v. Carmack
329 U.S. 230 (Supreme Court, 1947)
Berman v. Parker
348 U.S. 26 (Supreme Court, 1954)
Simmonds v. United States
199 F.2d 305 (Ninth Circuit, 1952)
United States v. State of South Dakota
212 F.2d 14 (Eighth Circuit, 1954)
Williams v. City of LaGrange
98 S.E.2d 617 (Supreme Court of Georgia, 1957)
United States v. Meyer
113 F.2d 387 (Seventh Circuit, 1940)
United States v. State of New York
160 F.2d 479 (Second Circuit, 1947)
People of Puerto Rico v. Eastern Sugar Associates
156 F.2d 316 (First Circuit, 1946)
Patterson Orchard Co. v. Southwest Arkansas Utilities Corp.
18 S.W.2d 1028 (Supreme Court of Arkansas, 1929)
State v. McCook
147 A. 126 (Supreme Court of Connecticut, 1929)
Wilton v. County St. Johns
123 So. 527 (Supreme Court of Florida, 1929)
Johnson v. Consolidated Gas, Electric Light & Power Co.
50 A.2d 918 (Court of Appeals of Maryland, 1947)
City of Charlotte v. Heath
40 S.E.2d 600 (Supreme Court of North Carolina, 1946)
Central of Georgia Railway Co. v. Bibb Brick Co.
99 S.E. 126 (Supreme Court of Georgia, 1919)
State Highway Department v. H. G. Hastings Co.
199 S.E. 793 (Supreme Court of Georgia, 1938)

Cite This Page — Counsel Stack

Bluebook (online)
85 P.R. 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mario-mercado-e-hijos-v-superior-court-of-puerto-rico-prsupreme-1962.