People ex rel. Muñoz Marín v. Heirs of Junghanns
People ex rel. Muñoz Marín v. Heirs of Junghanns
Opinion of the Court
delivered the opinion of the Court.
The Puerto Rico Water Resources Authority filed a complaint to condemn 2.557 cuerdas of land
“On June 20, 1947, the Government of Puerto Rico, represented by its Commissioner of the Interior, condemned a strip of land of the Heirs of Junghanns which crossed the Jung-hanns’s property from East to West, in order to construct a highway to facilitate traffic between Comerio and Principal Street of Bayamón. The center of the strip abutted upon the military road. After a hearing and upon examining the evidence presented, we held that the two portions bounding on the military road, having a depth of 25 meters, were worth $5 per meter, and that the rear portion of these two parcels was worth $3,000 per cuerda. The North portion of the lands which we then valued at $3,000 per cuerda includes the parcel herein condemned.
“Neither from the evidence heard in the former case nor from that presented here, does it appear that the Government intended to acquire the latter parcel when condemning the former, in which event it would have been our duty to apply the doctrine of U. S. v. Miller, 317 U. S. 369, were it not for Act No. 479, approved April 26, 1946.”
It stated, moreover, in its opinion “that the condemned parcel, taking the new road into consideration, is worth $10,189.41 but, appraising it as if there had been no such road it is worth 25 per cent less, namely, $7,642.06. This is the value, as a question of law, of the parcel taken.”
It appears from the record that two years prior to the commencement of the condemnation proceeding under consideration, the People of Puerto Rico condemned part of that same property in order to construct a highway which, crossing that and other neighboring properties, would connect, south of Bayamón, the so-called Military Road with the old road leading from said town to Comerio.
“In case of the purchase or condemnation of private, property for purposes of public utility or social benefit, the compensation shall be based on the reasonable value in the market of such property, without including any increase due to well-founded and reasonable expectation that the property acquired, or other property similar thereto, or situated within the locality where the former is situated, may now or later be required for public use or social benefit, or be necessary for some use to which it can be applied only by the People of Puerto Rico or any agency or instrumentality thereof with power for the condemnation of private property.
“In case of the sale or condemnation of the private property to which the preceding paragraph refers, the compensation shall likewise not include any neto increase by reason of the public*603 improvements or expenditures made in the locality by The People of Puerto Rico through any of its executive departments, agencies or instrumentalities.” (Italics ours.)
In discussing the only assignment of error the defendants allege that the increase referred to in the foregoing provision is the increment in value of a property resulting from the benefits which might accrue to said property due to the construction of a public work; that the authorities and decisions classify these benefits into three kinds, to wit: (1) special benefits; (2) neighborhood benefits and (3) general benefits; and after giving their own interpretation of each one of such benefits, the defendants add that “defendants’ theory is in short that the provisions of Act No. 479 . . . must be construed in the sense that the prohibition, in a condemnation suit, to consider 'any new increase by reason of the public improvements’ made by the People in the locality within which the lands to be condemned are located, is limited to the increase arising from 'special benefits’ or at the most from ‘neighborhood benefits’ but does not include the increase derived from ‘general benefits’ ”; that “this theory is predicated on the fact that pursuant to the prohibition contained in § 2 of our Organic Act, the Legislature of Puerto Rico lacks power to enact a provision such as the one contained in the Act with which we are concerned if the latter were literally construed . . . And, therefore, our contention (is), not that Act No. 479 is unconstitutional, but rather that the provision thereof under consideration applies to situations involving a 'special benefit’ but not to those clearly involving a 'general benefit.’ ” The defendants insist, furthermore, that “there is still another question to which we wish to call the attention of the Honorable Court, namely, that when in a former case benefits accruing to the remainder of a property by reason of the condemnation of part thereof for the construction of a public work have already been con
Although we agree entirely with the defendants that the lower court committed the error assigned, nevertheless, we do not agree with their theory. Given our interpretation of § 2 of Act No. 479, supra, we need not define or discuss the different kinds of benefits mentioned.
The judgment appealed from will be reversed and another entered decreeing that the amount of $10,189.41 is the just compensation to be paid by the plaintiff for the 2.557 cuer-das herein taken.
It is empowered to do so by § 6(h) of Act No. 83 of May 2, 1941 <Sess. Laws, pp. 684, 692).
The complaint in eminent domain herein was filed June 14, 1949, and it is evident from the above-copied paragraphs of the opinion of the Court of Eminent Domain that the previous condemnation to construct the aforesaid highway took place on June 20, 1947.
Definitions of the aforesaid benefits may be found in 145 A. L. R. 50; 18 Am. Jur. 942, § 298, Prudential Ins. Co. v. Central Nebraska Pub. P. & I. Dist., 296 N. W. 752, 754 and Nichols on Eminent Domain, Vol. 3, § 8.6202.
Act of March 12, 1903 as amended (Revised Statutes 1911, pp. 84 et seq.)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.