H D TRANSLATION 
 
 
 OCUMENTS 
 DEFT. 
 
 THE LAW OF EMINENT DOMAIN, 
 
 EXTENDED TO CIT.A AND PORTO RICO BY 
 ROYAL DECREE OF JUNE I,",, 
 
 AND 
 
 REGULATIONS FOR ITS APPLICATION. 
 
 WAR DEPARTMENT, 
 Oin INSULAR 
 
 ^II, 1001. 
 
 WASHINGTON: 
 
 GOVERNMENT PRINTING OFFICE. 
 O 1 1 . 
 
GIFT OF 
 
 DOCU1WENTS 
 

TRANSLATION 
 
 OF 
 
 THE LAW OF EMINENT DOMAIN, 
 
 EXTENDED TO CUBA AND PORTO RICO BY 
 ROYAL DECREE OF JUNE 13, 1884, 
 
 AND 
 
 REGULATIONS FOR ITS APPLICATION. 
 
 WAR DEPARTMENT, 
 
 OF IH^STIL-AJFt 
 
 MARCH, 1901. 
 
 WASHINGTON: 
 
 GOVERNMENT PRINTING OFFICE. 
 1901. 
 
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 ooco. 
 
 
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TABLE OF CONTENTS. 
 
 Page. 
 
 Title I. General provisions '. 5 
 
 Title II. Expropriation 6 
 
 Section 1 . First period. Declaration of public utility 6 
 
 Section 2. Second period. Necessity of the occupation of the real property . 7 
 
 Section 3. Third period. Appraisal 10 
 
 Section 4. Fourth period. Payment and taking possession 13 
 
 Section 5. Internal improvements in large towns 15 
 
 Title III. Temporary occupations 16 
 
 Transitory provisions 18 
 
 REGULATIONS FOR THE APPLICATION OP THE LAW OF EMINENT DOMAIN. 
 
 Chapter I. Proceedings for the declaration of public utility 23 
 
 II. Declaration of the necessity of the occupation of real property 26 
 
 III. Appraisal of estates subject to forcible expropriation 33 
 
 IV. Payment and taking possession of expropriated estates 38 
 
 V. Expropriations necessary for the interior improvement of large 
 
 towns 42 
 
 VI. Temporary occupations 53 
 
 Additional article 57 
 
 3 
 
 381499 
 

 
TRANSLATION 
 
 OF THE 
 
 LAW OF EMINENT DOMAIN, EXTENDED TO CUBA AND PORTO 
 RICO BY ROYAL DECREE OF JUNE 13, 1884, AND REGULATIONS 
 FOR ITS APPLICATION. 
 
 LAW OF JANUARY 10, 1879. 
 TITLE I. GENERAL PROVISIONS. 
 
 ARTICLE 1. Forcible expropriation for a cause of public utility, 
 authorized by article 10 of the Constitution, can not take place, with 
 regard to real property, except in accordance with the provisions of 
 this law. 
 
 ART. 2. Works of public utility shall be those whose direct object 
 is to furnish to the State, to one or more provinces, or to one or more 
 towns, any uses or improvements which may redound to the general 
 good, whether executed on account of the State, of the provinces, or 
 of the towns, or by companies or private enterprises duly authorized. 
 
 ART. 3. The expropriation referred to in article 1 can not take 
 place without the following requisites being first complied with: 
 
 First. A declaration of public utility. 
 
 Second. A declaration to the effect that all or a part of the real 
 property which it is desired to expropriate is indispensably necessary 
 for the execution thereof. 
 
 Third. An appraisal of what is to be sold or assigned. 
 
 Fourth. Payment of the price which represents the indemnity for 
 what is forcibly alienated or ceded. 
 
 ART. 4. Any person deprived of his property without the requisites 
 mentioned in the foregoing article having been complied with, may 
 institute summary proceedings to retain or recover possession in order 
 that the judges may protect and, in a proper case, restore possession to 
 the person improperly dispossessed. 
 
 ART. 5. The expropriation proceedings shall be conducted with the 
 persons who, in accordance with the registry of property or the tax 
 list, appear as the owners or as having their possession recorded. 
 
 If, on account of their age or for any other reason, the owner of a piece 
 of property should be incapacitated to enter into a contract, and should 
 
 5 
 
have no curator or other person* to represent him, or the property 
 should be the object of litigation, the proceedings shall be conducted 
 with the promoter fiscal, who may validly perform in his name all that 
 is stated in the foregoing article. 
 
 When the owner of an estate is unknown, or if known, his where- 
 abouts are unknown, the order or decree relating to the expropriation 
 of the estate shall be published in the Boletin Oficial of the province 
 and in the Gaceta de Madrid. Should no statement be forthcoming 
 within a period of fifty daj^s, either from the owner in person or 
 through some one duly empowered, it shall be presumed that consent 
 is given for the representative of the department of public prosecution 
 to represent said owner in the expropriation proceedings. 
 
 ART. 6. All those who can not alienate the property which they 
 administer without the permission of a judicial authority, are author- 
 ized to do so in the cases mentioned in this law, without prejudice to 
 securing, in accordance to law, the amounts which they may receive 
 in consequence of the alienation in favor of the minors or wards. In 
 no case shall said amounts be delivered to them, but they shall always 
 be deposited and held at the disposal of the proper judicial authority. 
 
 ART. 7. Transfers of ownership, under whatsoever title, shall not 
 interfere with the expropriation proceedings, the new owner being 
 considered as subrogated to the obligations and rights of the former 
 owner. 
 
 ART. 8. The rents and contributions pertaining to the property 
 expropriated for works of public utility shall be admitted during the 
 year following the date of the alienation as an evidence of the legal 
 capacity of the person dispossessed to exercise the rights which may 
 pertain to him. 
 
 ART. 9. The concessionaires and contractors of public works who 
 may be properly authorized to obtain the alienation, temporary occu- 
 pation, or use of materials, in the manner authorized by this law, shall 
 be subrogated to all the obligations and rights of the administration 
 for the purposes of this law. 
 
 TITLE II. EXPROPRIATION. 
 
 SECTION I. FIRST PERIOD. DECLARATION OF PUBLIC UTILITY. 
 
 ART. 10. The declaration that a work is of public utility shall be 
 the subject of a law, when, in whole or in part it must be paid for with 
 the funds of the State, or when without the attendance of these 
 circumstances its importance so requires in the judgment of the 
 Government. 
 
 It is the duty of the Government, through the respective Minister, 
 to make said declaration when the work concerns several provinces, 
 or when it must be paid for or aided with general funds, for the dis- 
 tribution of which it has been previously authorized by law. 
 
In other cases this duty pertains to the governor of the province, 
 after hearing the deputation, and also the ayuntaniiento, when munici- 
 pal works are in question. 
 
 ART. 11. Works in charge of the State executed according to the 
 prescriptions of Chapter III of the law of public works, those included 
 in the general, provincial, and municipal plans designated in articles 
 20, 24, and 14 of the said law of public works; every work, whatever 
 be its character, whose execution may have' been authorized by a law 
 or may have been designated in the special laws for railways, roads, 
 waters and ports which have been enacted, or may be enacted here- 
 after, are excepted from the formality of a declaration of public utility. 
 All works of urban police, and especially the enlargement and inter- 
 nal improvement of towns, are also exempt from this requirement. 
 
 ART. 12. Proceedings for a declaration of public utility may be 
 instituted at the instance of the authorities who are to make said dec- 
 laration with the consent of one or more corporations, or at the 
 instance of a private individual or a properly organized company. 
 
 ART. 13. In anv case there shall be presented in duplicate, to the 
 proper authority, according to article 10, the complete plan of the 
 work it is proposed to construct, with sufficient explanations, not only 
 to form a clear idea of the same, but also of the advantages its con- 
 struction would bring to general and common interests, and a state- 
 ment of the funds available to carry out the work. 
 
 The authority whose duty it is to make a declaration of public 
 utility shall, by means of the official periodicals of the districts inter- 
 ested in the work, and by means of communications directed to the 
 authorities of the same, advise both them and the public of the request 
 made, so that at the proper time they may present such objections as 
 they may deem proper within a period which shall be not less than 
 eight days, if a work which affects only an ayuntamiento is in ques- 
 tion; twenty days, if it affects a province, and thirty days, should it 
 extend to a number of provinces, in which case the announcements 
 shall be also inserted in the Gaceta of Madrid. 
 
 SECTION II. SECOND PERIOD. NECESSITY OF THE OCCUPATION OF THE REAL 
 
 PROPERTY. 
 
 ART. 14. After a work has been declared of public utility, it is the 
 duty of the administration to decide whether all or a part of the real 
 property is necessary for the execution of said work. 
 
 ART. 15. The person or corporation authorized to construct a work 
 shall present to the government of the province a list of the persons 
 interested in the expropriation, according to the plan approved by 
 the same, and an authorized revision of it by those charged with 
 the inspection of works, either by the public administration or by the 
 corporations which are to finance the same, stating therein the correla- 
 
tive situation, the number and kinds of property of each owner that 
 must be occupied in whole or in part, as well as the names of the 
 lessees or tenants, making the proper division by municipal districts. 
 
 ART. 16. The governor of the province, within three days after 
 having received the reports referred to in the foregoing article, shall 
 transmit to each mayor a nominal statement of the part relating to his 
 district, in order that, when duly compared with the tax list, and with 
 the data in the registry of property, should it be necessary, and the 
 errors, if any, corrected, he prepare in accordance therewith, and 
 transmit within a period not to exceed fifteen days, the report required 
 for the purposes mentioned in article 5 of this law. 
 
 ART. 17. When the nominal statement of the property owners, 
 authenticated by the mayors has been received, the governor shall 
 order its insertion in the Boletin Oficial of the province, fixing a 
 period, which shall not be less than fifteen nor more than thirty days, 
 in order that the persons or corporations interested may object to the 
 necessity of the occupation proposed, and in any manner oppose the 
 utility of the work which is finally determined by the declaration of 
 public utility. 
 
 ART. 18. After the claims have been filed within the period men- 
 tioned in the foregoing article, the civil governor, after hearing the 
 provincial commission, shall decide within the following fifteen days 
 as to the necessity of the occupation proposed for the execution of 
 the work. 
 
 ART. 19. From the decision of the civil governor an appeal lies only 
 to the proper department within the eight days following that of the 
 administrative notification. 
 
 The department shall decide within the thirty days following that 
 of the record of the filing of the proceedings by means of a royal 
 decree. 
 
 ART. 20. After the necessity of occupying one or more properties 
 has been declared in order to execute a work of public utility, the des- 
 ignation shall be made of the estates or parts thereof to be expro- 
 priated, as also their appraisal; and for this purpose the governor of 
 each province of those interested in the work shall notify, by means of 
 the Boletin Oficial, the property owners whose names appear in the 
 corrected nominal statement, and furthermore they shall be person- 
 ally or individually notified, fixing a period of eight days, in order that 
 they may appear before the respective mayors and designate the expert 
 who is to represent each one in said operations. If they should not 
 be found, the formalities prescribed for citation and summons in the 
 law of civil procedure shall be observed. 
 
 For the same purpose he shall communicate with the representative 
 of the administration or of the corporation which is to finance the 
 work, who must have been previously properly empowered. 
 
9 
 
 The appointment of experts before the mayors should be made by 
 the same persons whose names appear in the nominal statement, and 
 no other representation shall be admitted except by a power of attor- 
 ney, duly authorized, either general or special for this case. 
 
 ART. 21. The experts appointed both by the administration and by 
 the property owners must have a professional degree corresponding to 
 the kind of work committed to their charge, and no other limitations 
 of the conditions of appointment shall be made except that they have 
 practiced their profession for at least one year. The appointment of 
 persons who have not these qualifications, as well as those made with- 
 out observing the provisions of the foregoing article, shall be consid- 
 ered null, it being understood that the respective property owners, as 
 well as those who have made no appointment, consent to have the 
 expert who is to represent the administration, or the person who dis- 
 charges his duties, or that of the corporation who finances the work, 
 to represent them. 
 
 ART. 22. The engineer or professional person who represents the 
 Government, or in general the person referred to in the foregoing 
 article, shall receive from the governor of the province a certificate in 
 which are stated the appointments made before the mayor or mayors 
 of the districts which are included in the work and shall fix the day on 
 which the experts are to commence the surveys, directing the same 
 personally or through their assistants, so that in the least possible time 
 and with the greatest exactness all the necessary data may be obtained, 
 in order to make the appraisal. 
 
 ART. 23. The data referred to in the foregoing article shall consist 
 of a detailed and correlative statement of all the properties that are 
 to be expropriated, with their situation, character, total area, and 
 boundaries, as well as the kind of land they contain and explanations 
 as to their nature or products. 
 
 Furthermore, the rent of each property, as shown by existing con- 
 tracts, shall be stated, as well as the taxes paid on the same, the tax- 
 able value represented, and the tax pertaining thereto, according to 
 the last assessments. 
 
 It shall also be stated how the expropriation affects each estate, 
 giving the area desired to be expropriated, and if not to be entirely 
 occupied, the form and area of the remaining part shall be stated. 
 These facts shall be shown in a plan drawn on a scale of 1 to 1,400 for 
 rural property, and on a scale of 1 to 1,100 for urban property, which 
 plan shall accompany the report indicated. 
 
 There shall also be stated if in some estate that is not to be entirely 
 occupied it would be more advisable to expropriate all or leave the 
 remainder for the owner, for which purpose the opinion of the expert 
 appointed by the owner must be followed. 
 
 ART. 24. The documents referred to in the foregoing article must 
 
10 
 
 be signed by common consent by all the experts engaged on any work 
 or part thereof, or in each municipal district, arid they shall be trans- 
 mitted by the director of the work to the civil governor of the prov- 
 ince with his report, containing also any remarks he may deem proper 
 as to the conduct of the experts. 
 
 ART. 25. The cost of these operations, as well as the salaries of all 
 the experts, shall be defrayed by the administration, or by its legal 
 representative, for the entire period. 
 
 The buildings, plantings, improvements, and works which are not 
 of recognized necessity for the preservation of the property, made 
 after the date which terminates this period, shall not be taken into 
 account in fixing the amount of the indemnity. 
 
 SECTION III. THIRD PERIOD APPRAISAL. 
 
 ART. 26. When the estate or part of an estate that it is necessary 
 to expropriate, belonging to an individual, establishment, or any cor- 
 poration, is definitely known, the representative of the administration 
 shall try to secure the same by agreement with- the owner, for which 
 purpose he shall address, through the governor of the province, to the 
 interested property owners, a statement of the appraised value of each 
 piece of property, made by the expert of the administration, in which 
 these circumstances appear taken from the general report, and there 
 shall be included the fixed price to be paid to the owner in full and 
 free of all costs. The owner within a period of fifteen days shall fully 
 and freely accept or refuse the offer, any conditional acceptance being 
 considered null. 
 
 The acceptance shall carry with it the right for the administration 
 to occupy the entire property or the part thereof determined in the 
 statement of valuation, always after the payment of the price thereof. 
 
 AKT. 27. When the owner refuses to accept the offer of the admin- 
 istration, he is obliged to present another statement of valuation, 
 signed by his expert, in which, according to the same data, must be 
 stated the appraisal he believes to be just, which appraisal must be 
 given to the governor within the period granted to the owner for 
 deciding upon the offer made. 
 
 The representative of the administration shall transmit another sim- 
 ilar statement, signed by the expert appointed by him, as soon as the 
 governor has been notified of the refusal of the owner. 
 
 The fees earned by the experts for these appraisements shall be 
 respectively paid by each party in interest, as also the stamped paper 
 on which the statement of appraisal is written. 
 
 ART. 28. In the same there must be stated in detail the grounds for 
 the appraisal, both with regard to the class of the property and to 
 the price fixed. The experts shall take into account all the circum- 
 stances which may contribute to increase or diminish its value, coin- 
 
11 
 
 pared with other similar properties, which have been the object of 
 a recent appraisement in the same municipal district, and to the 
 value of the part of the property occupied shall be added the sums 
 representing the damages of all kinds which may be caused by the 
 work requiring the expropriation; and as an offset to said dam- 
 ages, the benefits resulting to the remainder of the property from 
 .said work should also be considered. 
 
 The experts are responsible for the irregularities found in the state- 
 ments of appraisal or for nonagreement with previous appraisements. 
 
 In case that the total amount of one or more statements of appraisal 
 should be the same in both the valuation of the administration and in 
 those of the owners, the value shall be considered as fixed by common 
 consent. 
 
 In case of a difference between the statement of the administration 
 and that of the owners, the experts of both parties must meet within 
 a period not to exceed eight days, in order to see whether they can not 
 agree as to the appraisal. 
 
 After said period has elapsed without the experts coming to an agree- 
 ment, it shall be understood that they can not agree and the proceedings 
 shall take the proper course. 
 
 ART. 29. The administration or its legal representative may, if advis- 
 able, occupy at any time real property that may have been the subject 
 of an appraisal, on the deposit of an amount equal to that fixed in the 
 statement of the expert of the owner, for which purpose the governor 
 of the province shall issue the proper orders. 
 
 The owner is entitled to receive 4 per cent per annum of the 
 amount stated for the period that elapses until he receives the amount 
 of the expropriation definitely determined. 
 
 ART. 30. When the expert appointed by the administration and the 
 one appointed by the owner can not agree in determining the amount 
 of the expropriation, the civil governor of the province shall send a 
 communication to the judge of the district requesting him to appoint 
 a third expert. 
 
 ART. 31. The judge within eight days after receiving the communi- 
 cation mentioned in the foregoing article, and under his personal lia- 
 bility, shall appoint, ex qfficio, the expert, record his acceptance, and 
 communicate it to the governor of the province without admitting or 
 consenting that any objections whatsoever be made. 
 
 ART. 32. Until the judge makes the appointment of the third expert 
 the civil governor shall order that there be attached to the proceedings: 
 
 1. The titles of ownership of the properties which the administra- 
 tion considers proper to demand from the persons interested. 
 
 2. The complaints presented by the property owners during the 
 three years, last past, to the public treasury relative to the assessment 
 of the land tax. 
 
12 
 
 3. A certificate of the tax levy on each property for the distribu- 
 tion of the land tax and of the quota pertaining to each during the 
 three years last past. 
 
 4:. A certificate of the register of property as to the price of the 
 real properties it is proposed to expropriate, stating whether any of 
 them had been transferred during the last ten years and otherwise the 
 price for which other properties adjacent to that which is the object 
 of expropriation has been alienated during the twelve months last 
 past, or other property which, owing to location and character, is in 
 similar conditions. 
 
 AKT. 33. After the data mentioned in the foregoing article have 
 been attached to the proceedings, and all other data which the civil 
 governor of the province may consider pertinent, and the appointment 
 of the third expert has been received from the judge, the latter, within 
 a period that shall never exceed thirty days, shall fulfill his duty by 
 means of a certified statement, which shall be attached to the proceed- 
 ings drafted in the same manner in which the statements of appraisal 
 were prepared, it being understood that the value must always be 
 within the limits which have been fixed by the expert of the adminis- 
 tration and that of the owner. 
 
 ART. 34. The governor, in view of the declarations of the experts and 
 the other data attached to the proceedings, within the period of thirt}^ 
 days, and within the minimum and maximum price fixed by the experts, 
 after hearing the provincial commission, shall decide, and state the 
 reasons for his decision, the amount that is to be paid for the expro- 
 priation, communicating the result to each of the interested parties. 
 
 This resolution shall be published in the Boletin Oficial of the prov- 
 ince when the parties in interest agree thereto. 
 
 When the resolution of the governor is final, it shall be complied 
 with according to the procedure prescribed by the law for accounting 
 and by special regulations. 
 
 ART. 35. Private persons may appeal to the Government within 
 thirty days after receiving administrative notice of the decision of the 
 governor, and its decision shall terminate governmental proceedings. 
 The Government, represented by the proper minister, may demand 
 from the governor the proper record of proceedings within the same 
 period and review his decision. 
 
 In either case the proper royal order shall be sent to the governor 
 within a period not to exceed thirty days. 
 
 The royal order accepted b} T the parties in interest shall be pub- 
 lished in the Boletin Oficial of the province. 
 
 From the royal order terminating the governmental proceedings, 
 an appeal lies by contentions proceedings within two months, counted 
 from the date of the notification of the administrative decision, both 
 for a vice in the procedure prescribed in this law as well as for an 
 
13 
 
 error in assessing the value of the land expropriated, if said error 
 should represent at least the sixth part of the true value. 
 
 ART. 36. In all cases in which forcible expropriation takes place, in 
 addition to paying to the person dispossessed the price at which his 
 property was valued, he shall be allowed 3 per cent in consideration 
 of the special value which he may attach thereto (predo de afeccion). 
 
 SECTION IV. FOURTH PERIOD. PAYMENT AND TAKING OF POSSESSION. 
 
 ART. 37. When the decision of the governor as to the price of the 
 expropriation becomes final, immediate payment thereof shall be made. 
 
 The payment shall be made in coin, before the mayor of the district 
 within which the estates are situate, for which purpose due notice shall 
 be sent to him, with a list of the persons interested, long enough in 
 advance so that they may assemble in the "Casa Consistorial " on the 
 day and hour set for the payment. 
 
 ART. 38. The mayor shall see that the person who for this purpose 
 represents the administraton, or the person who has the right to repre- 
 sent him, delivers the amounts stated on each statement of appraisal 
 to the acknowledged owner of the estate, according to the provisions 
 of articles 5 and 6 of this law, the signature of the person writing the 
 receipt on the statement of appraisal being authenticated with the seal 
 of the mayor's office. 
 
 When a property owner can not sign, one of those present shall 
 do so, at his request, in which case, as well as in the case of one that 
 will not admit of a substitute owing to the absence of the principal, 
 the mayor shall affix his "visto l>ueno" in order to authenticate said 
 signatures. 
 
 ART. 39. If any property owner should refuse to receive the amount 
 designated in the respective statement of appraisal, or if upon the 
 right to receive the value of the expropriation of one or more estates 
 a question should arise that might occasion litigation, or if with refer- 
 ence to the liquidation of the royal dues upon some of them there is 
 no agreement among the interested parties, the ma3^or shall suspend 
 the payment of the corresponding amounts, recording all in a state- 
 ment which he shall transmit to the civil governor as soon as the pay- 
 ments have been made. In this report shall also be included the names 
 of the property owners who, notwithstanding an express citation, were 
 not present at the payment. 
 
 ART. ttO. The governor shall order the deposit of the amounts 
 included in any of the cases mentioned in the foregoing article, and 
 also when from the titles of the estates there should appear any obliga- 
 tion to make restitution, and the persons interested must apply to him 
 when the time arrives for their realization or cancellation. 
 
 ART. 41. When the work of expropriation has been concluded in 
 one municipal district, or in one part of the work, the person who 
 
14 
 
 executed the work shall deliver to the governor of the province a duly 
 authenticated copy of all the statements of appraisal reached by any 
 method which constitute the proceedings of that part of the work, so 
 that the offices may take note of the transfer of ownership of the 
 estates included therein; the law being observed with reference to 
 inscription in the registry of property. 
 
 ART. 42. The rights referred to in article 4 can not be exercised by 
 assuming that a greater area than that indicated in the respective pro- 
 ceedings has been occupied of an estate that has been the object of 
 expropriation. 
 
 Should the necessities of the work require a larger occupation the 
 valuation shall be increased on the termination thereof, or at once 
 should the property owner demand it, at the rate agreed upon in the 
 original proceedings, providing that the excess does not exceed the fifth 
 part of the area contained in said original proceedings. 
 
 Otherwise the increase must be the subject of a new expropriation, 
 although the execution of the works in course of construction can not 
 be retarded thereby. When this occurs the new valuation shall include 
 the land to be occupied or that has been occupied, and in no manner 
 whatsoever the damages that may have been considered in the original 
 proceedings. 
 
 ART. 43. If the work requiring the expropriation is not executed, 
 or if executed there should result some surplus piece of land, as also 
 in case the estates should remain without application on account of the 
 object of the forcible expropriation having terminated, the original 
 owner may recover that which was expropriated, returning the sum 
 which he may have received or the amount which proportionately cor- 
 responds to the part, unless the parcel referred to should be a part 
 that, without being indispensable to the work, was ceded for the con- 
 venience of the property owner, according to the last provision of 
 article 23. 
 
 The original owners may exercise the right granted to them by the 
 foregoing paragraph within the period of one month, counted from 
 the day upon which the administration notifies them of the nonexecu- 
 tion or removal of the work which gave rise to the occupation of the 
 whole or a part of the estates which were expropriated; and upon the 
 expiration of that period, without a petition for a return, it shall be 
 understood that the State may dispose of the property. 
 
 ART. 44. For the purposes of this law a parcel in urban estates is 
 understood to be every surplus left after the expropriation that is 
 larger than 3 meters, insufficient for building purposes according to 
 the municipal ordinances. 
 
 In rural estates, when the part is small and its working difficult and 
 expensive, in the opinion of experts. 
 
15 
 
 SECTION V. INTERNAL IMPROVEMENTS IN LARGE TOWNS. 
 
16 
 
 exemption from taxes and charges on transfers of ownership granted 
 ayuntamientos for the properties they must acquire in order to carry 
 out the works of improvement, a similar exemption is granted to them 
 in selling the new lots which result from the properties expropriated 
 for said purpose. 
 
 ART. 53. They may also execute, themselves or through concession- 
 aire companies, the works in question with the authority of the Gov- 
 ernment, but they must keep a separate account of everything exclu- 
 sively relating to the same. 
 
 ART. 54. For the execution of the plans of works to which the pre- 
 ceding articles refer, all the rules and provisions prescribed in this 
 law must be observed, and with regard to the parcels the provisions 
 of the laws of the 17th of June, 1864, and that for the enlargement of 
 towns. 
 
 TITLE III. TEMPORARY OCCUPATIONS. 
 
 ART. 55. The administration, as well as the corporations or persons 
 to whom their rights may have been subrogated, may temporarily 
 occup}^ lands of private ownership in the following cases: 
 
 First. For the purpose of making studies or performing technical 
 operations lasting a short time, the purpose of which is to collect data 
 for the formation" of the plan or for the remarking of the ground plan 
 of a construction. 
 
 Second. For the establishment of stations and temporary roads, 
 workshops, storehouses, deposits of materials or any others required 
 by the works previously declared of public utility, with regard to the 
 construction thereof as well as with regard to the ordinary repair or 
 separation. 
 
 Third. For the extraction of materials of all kinds which may be 
 necessary for the execution of said works, whether scattered over the 
 estate or whether they must be the object of a specially instituted 
 working. 
 
 ART. 56. Urban property is specially excepted from temporary 
 occupation or the imposition of easements; but in limited cases, in 
 which the use thereof, may be necessary for the services mentioned, 
 the express permission of the owner must be obtained. 
 
 ART. 57. The public official in charge of the study of a work of this 
 character, or the private individual duly authorized for the same work, 
 shall be provided by the governor of the province with credentials for 
 the mayors of the towns within whose districts they are to work, in 
 order that they may be given all the assistance possible and most 
 specially the securing of permission from the respective owners for 
 the commission in charge of the studies to pass through their estates. 
 The damage which may be caused thereon by the work must be paid 
 at once after appraisal of two experts, appointed by the chief in 
 
17 
 
 charge of the studies and the proprietor, or according to an adjust- 
 ment by the mayor or by the person upon whom he may have dele- 
 gated his functions, if the former should not agree. In case of 
 objection without cause, the mayor shall inform the governor thereof, 
 in order that he may render the decision which may be proper in 
 accordance with the general law of public works. 
 
 At the instance of a party, and after the evidence which may be 
 considered advisable, the governor may withdraw the authorization 
 granted and enforce the liability which may be proper for any abuse 
 committed. 
 
 ART. 58. The declaration of public utility of a work carries with it 
 the right to the temporal*} 7 occupations required in the execution 
 thereof. 
 
 The necessity of the latter shall be the object, whenever necessary, 
 of a proceeding conforming to the provisions of the second section of 
 Title II, but the declaration of the governor referred to in article 18 
 shall be final, and without prejudice to subsequent proceedings the 
 appraisal and the consequent occupation may take place. When an 
 estate is in question with whose owner prior negotations have been 
 had, the publication of the notices in the Boletin Ofidal shall be sus- 
 pended, the negotiations being conducted with said owner through the 
 mayor. 1 
 
 ART. 59. As it is not possible in a majority of cases of temporary 
 occupation to fix in advance the extent or the duration of said occupa- 
 tion, the governor shall order that it take place after an agreement 
 between the administration and the owner as to the sum to be deposited 
 to answer for the payment which may become due. Should no agree- 
 ment be reached, the provisions mentioned in article 29 et seq. of the 
 law shall be observed. 
 
 Before the temporary occupation takes place of an estate without 
 the prior payment of the amount of the occupation the condition of 
 said estate shall be stated, with a report of any circumstance which 
 could offer doubts in the appraisal of the damages caused, in accordance 
 with the provisions prescribed for a full expropriation in accordance 
 with article 23. 
 
 ART. 60. The appraisals in cases of temporary occupation shall 
 always be considered in connection with the rent due which the owner 
 has not received during the occupation, adding thereto the damage 
 caused the property or the presumed cost of reestablishing the same 
 in its original condition. 
 
 The appraisal of the cost of a temporary occupation must never rep- 
 resent as much as the value of the estate. The administration, if the 
 appraisal of the prejudices should appear excessive, may request an 
 
 l This article is inserted as corrected by the law of August 4, 1882. 
 1762101 2 
 
18 
 
 appraisal of the full expropriation by the means prescribed in this law, 
 and accept it, provided that! the- aniout thereof does not exceed one- 
 half more than the former. 
 
 ART. 61. The value of the material taken from an estate or extracted 
 from quarries situated thereon shall be allowed only in case that said 
 material should have been gathered by the owner prior to receiving 
 notice of the necessity thereof for the use of the administration or 
 that the quarries are open and being worked prior to said period, and 
 that he prove that he requires said material and the product of the 
 latter for his own use. With the exception of this case, in order that 
 the value of the material extracted from an estate may be allowed, the 
 owner must prove : 
 
 First. That said materials have a market value. 
 
 Second. That he has paid the proper tax corresponding to the indus- 
 try which he exercises by reason thereof during the quarter preceding 
 the quarter during which the necessity for the occupation was declared. 
 
 It shall not be sufficient, therefore, for the purpose of declaring that 
 an allowance is proper for the material, that it could have been utilized 
 at some time, with the permission of the owner, or for any compen- 
 sation whatsover. 
 
 Neither shall claims for indemnity be taken into consideration which 
 are presumed by reason of the leases of the estates for the establish- 
 ment of specific industries, provided that they are not established 
 under the conditions mentioned. 
 
 ART. 62. When the preservation or repair of a work of public utility- 
 requires, in whole or in part, the permanent working of a quarry, the 
 expropriation will be proper in accordance with the procedure pre- 
 scribed in this law. 
 
 ART. 63. The crops or fertilizers on an estate at the time of the . 
 occupation thereof for a work of general interest, not considered at 
 the time of making the expropriation, shall be appraised and paid 
 for at the time of said expropriation, by means of a summary appraisal 
 made by two experts, one appointed by each party, between whom the 
 mayor shall decide, or one of his delegates, should no agreement be 
 reached; it being understood that the amount of this appraisal must 
 never exceed 3 per cent of the value which may have been given the 
 estate in the expropriation proceedings. These proceedings shall be 
 conducted with the lessees or cultivators of the estate, the designation 
 of which shall be made by the mayor in accordance with the entries 
 contained in the municipal registers. 
 
 TRANSITORY PROVISIONS. 
 
 ART. 64. All expropriation or temporary occupation proceedings 
 pending at the time of the publication of this law shall be governed 
 
19 
 
 by prior legal provisions unless both parties should choose to conform 
 to the provisions of this law. 
 
 ART. 65. All laws, decrees, regulations, or orders contrary to this 
 law are hereby repealed. 
 
 ART. 66. The Government shall publish the regulations which may 
 be necessary for the execution of this law. 
 
 Therefore: 
 
 We order all tribunals, justices, chiefs, governors, and other author- 
 ities, civil as well as military and ecclesiastical, of whatsoever class 
 and rank, to observe and enforce the observance, fulfill and execute 
 this law in all its parts. 
 
 Given in the Palace on January 10, 1879. 
 
 1, the King. 
 
 C. FRANCISCO QUEIPO DE LLANO, 
 
 Minister of the Interim'. 
 
REGULATIONS 
 
 FOR 
 
 THE APPLICATION OF THE LAW OF EMINENT DOMAIN. 
 
 21 
 
REGULATIONS FOR THE APPLICATION OF THE LAW OF 
 EMINENT DOMAIN. 
 
 
 ROYAL DECREE OF JUNE 13, 1879. 
 
 In accordance with the recommendation of the Minister of the 
 Interior, after hearing the Council of State in full, and with the advice 
 and consent of the Ministers, I hereby approve the attached regula- 
 tions for the execution of the law of eminent domain. 
 
 ALFONSO. 
 Given in the Palace on June 13, 1879. 
 
 C. FRANCISCO QUEIPO DE LLANO, 
 
 Minister of the Interior. 
 
 CHAPTER I. PROCEEDINGS FOR THE DECLARATION OF PUBLIC UTILITY. 
 
 ARTICLE 1. The proceedings for the declaration of public utility of 
 a work in cases in which this formality is necessary, according to the 
 provisions of the law of January 10, 1879, on forcible expropriation, 
 shall conform to the prescriptions contained in this chapter of these 
 regulations. 
 
 ART. 2. When a work is in question the cost of which is to be 
 defrayed in whole or in part with funds of the State, a plan of the 
 work must precede the proceedings for the declaration of utility, which 
 plan shall be drafted by the engineer or technical agent to whom the 
 direction may pertain, according to the cases. 
 
 The draft of the plan shall conform to the provisions of article 6 of 
 the regulations of July 6, 1877, for the execution of the general law 
 of public works of April 13 of the same year. 
 
 ART. 3. The plan shall be transmitted to the civil governor in whose 
 province the work is to be executed, in order that it may serve as a 
 basis for the public notice referred to in article 13 of the law on 
 expropriation. If the work should be included in two or more 
 provinces, the notice may be issued in the same, successively or simul- 
 taneously, it being necessary in the latter case that as many copies be 
 made of the plan as there are provinces, in order to deliver one to each 
 governor. 
 
 23 
 
24 
 
 Said authority shall order that the proper edicts be published in the 
 official periodicals, for the purposes and for the period of time which 
 the law fixes in the second paragraph of article 13. 
 
 The Government shall also have a similar notice inserted in the 
 Gaceta de Madrid, another copy of the plan being placed at the dis- 
 posal of the public in the office of the department to which the work 
 may pertain. 
 
 ART. 4. After the period fixed for the hearing of objections to the 
 plan has elapsed, the governors shall forward the proceedings had in 
 connection therewith to the proper department, together with their 
 own reports. 
 
 The minister, after hearing thereupon the proper technical or admin- 
 istrative corporations, shall draft, if a declaration of public utility is 
 proper, the project of law referred to in article 10 of the expropria- 
 tion law, which must be presented to the Cortes for the closing of the 
 proceedings. 
 
 ART. 5. Proceedings similar to those mentioned in the foregoing 
 articles shall be had for the delaration of public utilit} r of a work when 
 the importance of the same requires, in the judgment of the Govern- 
 ment, that said declaration be the subject of a law, although the work 
 does not affect the general interests of the nation. 
 
 ART. 6. When the cost of the work is to be defrayed or assisted 
 with general funds, for the distribution of which the Government ina}^ 
 be authorized by means of a law, the procedure prescribed by articles 2 
 and 3 shall be observed, and the proper minister, after hearing the 
 technical and administrative corporations, and in serious cases the 
 council of state, shall resolve upon the declaration of utility by means 
 of a royal decree. 
 
 ART. 7. When the cost of the work is to be defrayed with provin- 
 cial funds, and should the interests of two or more provinces be con- 
 cerned, the respective deputations shall provide for the draft of the 
 project of the work in question by the technical directors of the proper 
 service. 
 
 The draft of this project shall be prepared in accordance with the 
 special forms which may have been published by the proper depart- 
 ment for each case, and in their absence, in accordance with those 
 used by the public works service. 
 
 ART. 8. The project referred to in the foregoing article shall serve 
 as a basis for the public hearing which must be held in each of the 
 provinces interested, which may be had successively or simultaneously, 
 the formalities prescribed in article 3 of these regulations being 
 observed in the latter case as well as in all else relating to the hearing. 
 
 After the period for the admission of objections has elapsed, the 
 governors shall forward the proceedings to the proper minister, who 
 shall decide as to the declaration by means of a royal decree, after 
 hearing the proper consultive corporations. 
 
25 
 
 ART. 9. If the cost of the work is to be defrayed with provincial 
 funds and should interest one province only, the deputation shall order 
 that the proper expert make the study of the project. In the formula- 
 tion of said project the formalities established in article 59 of the regu- 
 lations for the general law of public works shall be observed. 
 
 ART. 10. The project shall be forwarded by the deputation to the 
 governor of the province in order that it may serve as a basis for the 
 public notice or hearing. The governor shall have the proper adver- 
 tisement inserted in the Official Bulletin, fixing a period, which can not 
 be less than twenty days, for the hearing of any objections. 
 
 Upon the expiration of the period fixed, the governor, after hearing 
 the reports of the official and corporations which he may consider 
 proper, and in every case the report of the provincial commission of 
 the deputation, shall make the' declaration of public utility of the 
 work, if proper. 
 
 ART. 11. If the work is municipal the proper ayuntamiento shall 
 have the project drafted by the respective expert. 
 
 If the work should affect more than one municipal district in the 
 same province the different ayuntamientos interested must agree as to 
 the person who is to make the study, and in case of disagreement the 
 designation of said expert shall pertain to the governor. 
 
 In the formation of the project, articles 93 and 95 of the regulations 
 for the execution of the general law of public works shall be observed 
 in so far as applicable to the case. 
 
 ART. 12. Upon the basis of the project the public hearing shall be 
 proceeded with, for which purpose the governor shall have the proper 
 notice inserted in the Official Bulletin, fixing a period which shall not 
 be less than eight days for the purpose of hearing objections. Upon 
 the expiration of this period, the governor shall make the declaration 
 of utility, if proper, after hearing the officials and corporations he may 
 deem advisable, and in every case the deputation of the province and 
 the ayuntamiento interested in the execution of the work. 
 
 ART. 13. When the work interests two or more towns situated in 
 different provinces, similar procedure shall be observed, and the author- 
 ities and corporations who are to take part in the utility proceedings 
 must agree in their resolutions. If such agreement can not be reached, 
 any differences which may arise shall be settled by the minister of the 
 service to which the work corresponds. 
 
 ART. 11. The resolutions of the governors in the cases in which the 
 declaration of the public utility of a work pertains to them must always 
 contain the reasons for their decisions, analyzing the objections which 
 may have been made at the hearings and demonstrating whether or 
 not they are proper. 
 
 These orders shall be published in the official bulletins of the respec- 
 tive provinces, and an appeal lies therefrom through administrative 
 channels within the period of thirty days. 
 
26 
 
 ART. 15. If the declaration of utility should be requested by the 
 petitioner of the concession of the work, the person interested shall 
 present to the government, governor, or governors of the respective 
 provinces, according to the cases, the proper project conforming in all 
 points to the prescriptions of article 6 of the regulations for the execu- 
 tion of the general law of public works, with the documents, schedules 
 of charges, bases for their applications, and anything else which may 
 be necessary to give a good idea of the work which it is intended to 
 undertake, the advantages to the general interests and the means 
 counted on to carry it out. 
 
 ART. 16. The project presented by the petitioner shall serve as a 
 basis for the public proceedings, which shall take place, as the case 
 may be, entirely in accordance with the provisions contained in the 
 preceding articles with regard to works to be executed with funds of 
 the State, of provinces, or of municipalities. 
 
 ART. 17. After a work has been declared of public utility, the 
 proper examination and approval shall be proceeded with. This 
 approval shall be given,' according to the cases, by the minister of the 
 service to which the work pertains, by the deputation which is to pay 
 the expenses, or by the governor of the province if the work were 
 municipal; similar formalities being observed to those which are estab- 
 lished with regard to this matter in the general law of public works 
 and regulations for its execution. 
 
 ART/ 18. The following are excepted from the formalities contained , 
 in this chapter of these regulations: 
 
 1. The works which are in charge of the State and which are exe- 
 cuted in accordance with the prescriptions of Chapter III of the law 
 of public works. 
 
 2. The works included in the State, provincial, or municipal plans 
 which are designated in articles 20, 34, and 44 of said law. 
 
 3. Every work of whatsoever class, the execution of which may have 
 been authorized by a law, or is designated in the special laws of rail- 
 ways, roads, waters, and ports, already enacted or which may hereafter 
 be enacted. 
 
 With regard to the declaration of utility of works of urban police 
 and the internal improvement of large towns, the provisions pre- 
 scribed in Chapter V of these regulations shall govern. 
 
 CHAPTER II. DECLARATION OF THE NECESSITY OF THE OCCUPATION 
 
 OF REAL PROPERTY. 
 
 ART. 19. After a work in charge of the State has been declared of 
 public utility and after the plan thereof has been approved, and after 
 the execution of the same has been decided by the Minister of the 
 proper service, the real properties it is necessary to expropriate for 
 the execution of the work shall be determined. 
 
27 
 
 The second description of the ground plan which may have been 
 approved according to the procedure prescribed in the foregoing 
 chapter shall serve as a basis for this determination, which second 
 ground plan shall be drafted in the case of this article by the engineer 
 of roads, canals, and ports, or by the architect or technical person to 
 whom, according to the case, the direction, surveillance, and inspection 
 of the work pertains. 
 
 The person intrusted with drafting the second ground plan shall 
 inform the governor sufficiently in advance, stating the day on which 
 the work will begin. The governor, as soon as he receives this notice, 
 shall issue the proper orders to the mayors of the municipal districts 
 to which the works pertain, so that they may furnish to the engineers 
 or other persons who are to execute this work the notices and all the 
 assistance which will conduce to a good performance of their duties. 
 
 ART. 20. Upon the second ground plan being made, note shall be 
 made of the situation, number, and character of the estates which it 
 may be necessary to occupy in whole or in part, as well as of the 
 names of the owners and their tenants or lessees. 
 
 With this data the nominal statements of the persons interested in 
 the expropriation shall be made, which are referred to in article 15 of 
 the law, one statement to be made for each municipal district. 
 
 The engineer, architect, or professional person who may have veri- 
 fied the second ground plan shall authenticate the said statements with 
 his signature, and shall forward them to the governor of the province 
 us soon as the work shall have been concluded. 
 
 ART. 21. The governor, within the period mentioned in article 16 of 
 the law, shall forward to each mayor the nominal statement which may 
 pertain to him, in order that it may be rectified in the manner stated 
 in the said article. 
 
 The mayors, in returning to the governor the corrected statements, 
 shall take special care to state, with reference to the poll, who are the 
 persons who appear as the owners of the estates to be expropriated, as 
 well as any other information which they may have with regard to the 
 places of residence of said owners or their administrators, in order that, 
 in so far as possible, none of the estates included in the statement shall 
 remain without a designation of the owner or of his duly authorized 
 representative, with whom the administration is to conduct the pro- 
 ceedings relating to the expropriation. 
 
 ART. 22. The governor, after receiving the statements rectified by 
 the mayors, must revise them to decide the doubtful cases or complete 
 what has not been determined. For this purpose he shall request the 
 information which he may require of the register of property or of 
 other officers, and if after all means have been exhausted the owner of 
 an estate can not be ascertained, or if his whereabouts are unknown, the 
 governor shall proceed to fulfill the provisions contained in the third 
 
28 
 
 paragraph of article 5 of the law, giving the proper notice to the pro- 
 motor fiscal. The same shall be done in the cases referred to in the 
 second paragraph of the same article. 
 
 The registers are obliged to furnish to the governor all the notices 
 which may be necessary to define exactly the legal ownership of each 
 estate. 
 
 ART. 23. After the nominal statement of all the persons interested 
 in the expropriation in each municipal district has been definitely fixed 
 in accordance with the provisions of the foregoing articles, the governor, 
 within three days, shall proceed to announce and fix the period in which 
 to object as to the necessity of the occupation, the provisions contained 
 in article 17 of the law being fully observed with regard to these points. 
 
 ART. 24. The objections shall be addressed to the mayor of the town 
 in whose district the estates are situate, and may be made verbally or 
 in writing. In the former case, the mayor shall make a memorandum 
 of the objection, which shall be authenticated by the secretary of the 
 ayuntamiento. The objections shall be confined exclusively to the spe- 
 cific object of the proceedings, all those which are directed against the 
 utility of the work being refused. 
 
 Within eight days after the expiration of the period for the admis- 
 sion of objections, each mayor shall forward to the governor the pro- 
 ceedings relating to his district, attaching an index of the petitions 
 and memoranda of objections which said proceedings may contain. 
 
 ART. 25. After the governor has received the proceedings sent him 
 by the mayors, said authority shall decide, in accordance with the pro- 
 visons of article 18 of the law, as to the necessity of the occupation, 
 hearing the engineer or architect who is the author of the plan in 
 question and the provincial commission of the deputation. 
 
 The resolution of the governor shall be published in the official bul- 
 letin of the province, and in addition each person interested shall be 
 individually advised, the appeal referred to in article 19 of the law 
 being allowed thereagainst. 
 
 ART. 26. In accordance with the provisions of articles 18 and 25 of 
 these regulations, the governors shall decide as to the necessity of the 
 occupation when the work in question is provincial, in which case the 
 second ground plan and the formation of nominal statements of the 
 owners must be made by the professional person to whom the direc- 
 tion, inspection, or surveillance of the work pertains; and the same 
 shall be done for municipal works, the second ground plan and the 
 statements mentioned being made by the professional persons to whom 
 the draft of the project may have been intrusted. 
 
 When the work affects two or more provinces or towns whose 
 municipal districts belong to different provinces, the governor of each 
 shall proceed in person and independently of the others in the prose- 
 cution of proceedings of this character, and shall render his decision 
 with regard thereto in the same manner. 
 
29 
 
 ART. 27. When the work is to be executed by concession in any of 
 the cases provided for in the general law of public works, the conces- 
 sionaire, before the period when, in accordance with the conditions, he 
 is to begin the works, must make a second ground plan of the works 
 projected. The concessionaire himself must make the nominal state- 
 ments of the persons interested in the expropriation, which must be 
 transmitted to the governor of the province in the same manner as 
 prescribed in article 20 for the works of the State. After the state- 
 ments have been received by the governor, all the proceedings pre- 
 scribed in articles 22 to 25 shall be observed until the final decision 
 declaring the necessity of the occupation. 
 
 ART. 28. The prosecution of the proceedings upon the necessity of 
 the occupation of the estates and their final decision shall not be sus- 
 pended in any case by the measures which, in accordance with article 
 5 of the law and 22 of these regulations, must be taken to ascertain 
 the owners of the estates who are unknown, or the curators or repre- 
 sentatives of incapacitated persons for the purpose of entering into 
 contracts, or if the property is the subject of litigation. Therefore, 
 estates included in these circumstances shall not be considered at once, 
 but decisions must be rendered as to others. With regard to the 
 former, special proceedings shall be instituted as soon as it is known 
 with what persons the expropriation proceedings are to be conducted, 
 or when, in their absence, it has been declared that said persons are 
 to be represented by the prom otor fiscal of the proper court. 
 
 Neither shall the course of the proceedings be suspended on account 
 of the appeals which the owner or owners of some estates may take 
 from the decision of the governor, the steps relating to the expropria- 
 tion of such -estates being pursued in special proceedings as soon as 
 definite decisions are rendered on said appeals. 
 
 ART. 29. The survey of the estate or part thereof which is to be 
 occupied, by the execution of a work belonging to each owner, shall 
 be made by experts, in accordance with the provisions contained in 
 articles 20 et seq. of the law and the proper articles of these regulations. 
 
 The appointment of experts pertains to the persons interested, and, 
 as representatives of the administration, the governors, and by their 
 express delegation, when they deem it indispensable, the engineers, 
 architects, or other professional persons in charge of the direction, 
 inspection, or surveillance of the works, are understood to be author- 
 ized to make said appointments when State, provincial, or municipal 
 works are in question, and the concessionaire or the person duly 
 authorized by him in case of works by concession. 
 
 ART. 30. The experts appointed by the parties must include in their 
 statements upon each estate, first, the area to be occupied by the work, 
 for which purpose they shall make the proper measurements on the 
 ground conforming to the description of the ground plan, in which 
 they shall not be permitted to introduce changes whatsoever. The 
 
30 
 
 measurements must be made in ever?- case under the immediate direc- 
 tion of the representative of the administration or of the assistant or 
 subordinate whom the former may delegate for the purpose under his 
 own liability. In the case of a concession, the direction of this work 
 pertains to the concessionaire or to the person authorized properly by 
 the same; second, the location, character, kind of land, total area, and 
 boundaries of the estate, giving explanations as to the products thereof 
 and the other circumstances which are to be taken into consideration 
 to appraise the value of the same; third, the income from rents accord- 
 ing to existing contracts, the tax paid on the estate, the taxable value 
 represented, and the amount of the tax pertaining thereto according 
 to the last tax lists, and fourth, the manner in which the expropriation 
 affects the estate, there being stated, if not entirely occupied, how it 
 is divided by the work and indicating the form and area of the parts 
 which are not to be occupied. 
 
 ART. 31. To the information mentioned in the foregoing article shall 
 be attached plans representing the different peculiarities and circum- 
 stances of the occupation of the estate. These plans shall be drafted 
 b} T the experts on the scales indicated in the third paragraph of article 
 23 of the law. Nevertheless, when the area of the estate is very 
 large in relation to the part of the same occupied with the works, 
 this formality may be waived in so far as the part not occupied is con- 
 cerned, in which case the experts must make in their statements the 
 proper descriptions to supply the absence of the plans. When in the 
 judgment of the experts, and all of them consenting, they should agree, 
 nevertheless, to represent the part not occupied, notwithstanding the 
 area thereof, the proper plan may be made, although on a scale smaller 
 than that fixed by law, in order that the size of the plans ma}^ not be 
 out of proportion. If the expert of the owner, against the judgment 
 of that of the administration, should consider it advisable to make 
 a plan of the unoccupied part of the estate, he may do so; but it shall 
 be understood that the expense incurred thereby shall be for the 
 account and risk of the said expert or the person interested whom he 
 represents. 
 
 In any case the part to be occupied must necessarily be included in 
 plans on the scale prescribed by law, stating accurately all the dimen- 
 sions in order to give a clear idea of the area of the estate or the part 
 thereof to be expropriated. 
 
 ART. 32. The experts appointed by the administration as well as by 
 the persons interested to perform the work mentioned in the two pre- 
 ceding articles, must possess the conditions and qualifications required 
 by article 21 of the law. Consequently, in order to be appointed an 
 expert, it is necessary to possess a diploma in one of the following 
 professions: With regard to rural property; engineer of roads, canals, 
 and ports; engineer of forests; agricultural engineer, architect, assist- 
 
31 
 
 ant of public works, agricultural expert, master of works, surveyor, 
 director of roads. With regard to urban property, when the build- 
 ings are not of a public character: architect, engineer of roads, canals, 
 and ports, Industrial engineer, master of works, assistant of public 
 works. With regard to urban property which has a public character 
 only such persons can perform the work having the titles of architect, 
 engineer of roads, canals, and ports, or industrial engineer. In case 
 that it is desired to expropriate an entire or part of a mining property, 
 onlv mining engineers can act. When it is intended to expropriate an 
 estate of a mixed character a mixed commission must be appointed to 
 appraise it. 1 
 
 ART. 33. For the appointment of experts by the parties interested 
 and by the representatives of the administration the rules prescribed 
 in article 20 of the law shall be observed it being taken into consid- 
 eration that, according to the provisions of the second paragraph of 
 article 21, it is presumed that every owner who should not make the 
 appointment of an expert within the period of eight days after being 
 notified of the appointment of an expert by the representative of the 
 administration or by the concessionaire, in a proper case, agrees to said 
 appointment; as well as he who shall appoint an expert in contravention 
 of the provisions of the said article 20, and he who shall appoint a per- 
 son not possessing the requisites of the preceding article of these 
 regulations. 
 
 ART. 3-1. The mayor of each municipal district shall inform the gov- 
 ernor of the province of the appointment made by the respective 
 owners. 
 
 The governor shall examine the statements received from the may- 
 ors, and after assuring himself as to whether the experts appointed 
 possess the qualifications prescribed by law, he shall forward them to 
 the representative of the administration or to the concessionaire of the 
 work. 
 
 The governor, in sending these statements, shall state which are the 
 experts of the parties whose appointment is to be accepted, and which 
 are to be eliminated on account of not possessing the legal qualifica- 
 tions, as well as the estates whose owners may not have appointed 
 an expert within the period fixed; all for the purpose that in the pro- 
 ceedings relating to the estates included in any of these cases, the 
 expert designated by the administration may act in the name of both 
 parties. 
 
 ART. 35. After the experts who are to execute the operations relat- 
 ing to the estates to be expropriated have been appointed in accord- 
 ance with the provisions contained in the preceding articles, the repre- 
 sentative of the administration or concessionaire of the work shall order 
 
 1 This article is inserted as amended by the Royal Decree of July 4, 1881. 
 
32 
 
 that said work be done in accordance with the provisions of article 22 
 of the law, there being drafted for each estate a statement containing 
 the information mentioned in article 30 of these regulations. 
 
 If on the day set for a survey of the estate the expert of its owner 
 should not appear to perform the work, said .work shall be done by the 
 expert of the administration, it being understood that the owner is 
 obliged to agree to what said expert may decide. A case of sickness 
 is excepted, when the person interested will be allowed five days to 
 make the appointment of another expert without admitting any exten- 
 sions or objections. 
 
 ART. 36. The representative of the administration or concessionaire 
 in a proper case, shall collect by municipal districts all the declara- 
 tions corresponding to each work or branch thereof, and shall make a 
 detailed and correlative report of the estates to be expropriated, stat- 
 ing for each one the circumstances which appear in the respective 
 declarations. This statement shall be signed by all the experts who 
 may have taken part in the declarations. 
 
 'The right is reserved to the experts to attach to the report men- 
 tioned in the foregoing paragraph the remarks which they may con- 
 sider advisable to support the rights of their principals, which remarks 
 must always be communicated to them in order to give a clear idea of 
 the bases therefor. 
 
 In the same manner the expert of any individual may indicate in 
 these remarks whether in case of the nonoccupation with the works 
 of the entire estate of his principal, it would suit him to alienate the 
 entire estate or retain the part not to be occupied, giving the reasons 
 for his opinion in the first case. 
 
 The remarks referred to in the foregoing paragraphs shall be 
 attached to the report mentioned in the first paragraph of this article. 
 
 ART. 37. The representative of the administration or the conces- 
 sionaire of the work shall forward to the governor of the province the 
 statements mentioned in the foregoing article, making a full report 
 thereon as well as upon the remarks of the experts and their conduct. 
 
 To each statement shall be attached the account of the costs of all 
 kinds of the operations, including the fees of the experts, for the 
 purposes of the provisions of the first paragraph of article 25 of the 
 law. The expenses referred to in the second paragraph of article 31 
 of these regulations, however, are excepted. 
 
 The governor, within a period of fifteen days, shall decide, in view 
 of the reports of the representative of the administration referred to 
 in the first paragraph, upon all doubtful or undetermined cases which 
 may occur in the proceedings. 
 
 Said authority shall likewise decide as to the total occupation of an 
 estate, when only a portion thereof may be necessary for the works, 
 taking into consideration what maybe most convenient for the admin- 
 
istration or of the concessionaires, in a proper case, the statement 
 upon this point of the expert of the person interested and the report 
 thereon of the representative of the administration or concessionaire. 
 
 ART. 38. The orders of the governor mentioned in the third para- 
 graph of the foregoing article shall be communicated to the parties, 
 the private individuals and the concessionaires of the works who con- 
 sider themselves prejudiced being permitted to appeal therefrom 
 within a period of fifteen days from the date of the service of notice, 
 to the Government, which shall decide definitely and without further 
 appeal through the Minister of the service to which the work belongs. 
 
 ART. 39. The following rules shall be observed for the notifications 
 to which the various articles of this chapter refer. 
 
 When the persons interested should reside in towns in the munici- 
 pal districts within which the estates are situate, a notification served 
 upon them, or by a writ left at their residence by the secretary of 
 the municipal council before two witnesses, shall be considered valid. 
 If there should be no one in the residence of some interested person 
 to receive the writ, legal requisites shall be complied with by its 
 deliveiy to the syndic of the municipal council, the proceeding being 
 published by an edict which shall be posted at the customary places 
 in the locality. 
 
 With regard to absent or transient owners, said proceedings shall 
 be conducted with their administrators, attorneys in fact, or repre- 
 sentatives duly authorized. 
 
 If one or more should not have attorneys or administrators in the 
 town in which the estates are situate, they shall be called upon by 
 edicts to designate them, said edicts being published in the official 
 newspapers and a period being fixed for the appointment, which shall 
 not be less than eight nor more than twenty days, it being understood 
 that should the appointment not be made before the expiration of the 
 period, any notification addressed to the syndic of the ayuntamiento 
 shall be considered valid. 
 
 CHAPTER III. APPRAISAL OF ESTATES SUBJECT TO FORCIBLE EXPRO- 
 PRIATION. 
 
 ART. 40. After the area and other conditions of the estate or part 
 thereof which is to be expropriated has been exactly determined accord- 
 ing to the procedure prescribed in the foregoing chapter, its appraisal 
 shall be proceeded with in accordance with the provisions of articles 
 i!0 et seq. of these regulations. 
 
 ART. 4:1. The expert of the administration, or of the concessionaire 
 in a proper case, shall prepare for each estate or part thereof which is to 
 be definitely occupied a statement of valuation in which he shall state 
 the price which in his opinion should be offered the person interested 
 
 .1702101 3 
 
34 
 
 for the acquisition of the real property and for the losses and damages 
 caused by the occupation, it being understood that the owner is free 
 from expenses of any kind whatsoever. 
 
 In the statement of valuation the expert signing the same must state 
 the reasons upon which he bases his offer, taking into consideration 
 all the circumstances contained in the declaration of the experts and 
 other information mentioned in articles 30, 31, and 36 of these regula- 
 tions, as well as the damages which may be caused or the benefits 
 which may accrue to the part of the estate not occupied by reason of 
 the expropriation. 
 
 ART. 42. The representative of the f administration or concessionaire, 
 as soon as he receives the statements of valuation prepared by the 
 expert, shall forward the same to the governor in order that through 
 this authority they may be delivered to the respective persons inter- 
 ested, of whom a receipt shall be demanded, upon which they shall 
 state over their signatures on what date these documents were delivered 
 to them. 
 
 If within three days the person interested should not be found, the 
 statement of valuation shall be inserted in the edicts which shall be 
 published in the official newspapers and posted in the customary places 
 for the period mentioned in article 39. 
 
 The governor shall in the same manner inform each land owner of 
 his obligation to answer within the period of fifteen days, counted 
 from said date, accepting or refusing clearly and fully the offer made 
 him, as well as of his obligation to present in the latter case and within 
 the same period the statement of valuation mentioned in the second 
 paragraph of article 27 of the law. 
 
 ART. 43. In case of the acceptance of the owner, the latter is obliged 
 to vacate the estate or part of the estate mentioned in the statement of 
 valuation, without at any time being allowed to interpose any objec- 
 tion, at such time as the administration or the person acting in its 
 stead may consider necessary or convenient for the execution of the 
 works, after the payment in every case to the person interested of the 
 amount fixed in the aforementioned statement. 
 
 If the owner should not answer within the period fixed, it shall be 
 presumed that he accepts the amount offered, and the administration, 
 or the person acting in its stead, shall have the right to occupy the 
 estate in the manner mentioned in the foregoing paragraph. 
 
 In either case the period for the delivery of the price referred to 
 cannot exceed six months, the owner being permitted to dispose of his 
 estate if upon the expiration of this period the amount of the valua- 
 tion should not be delivered to him. 
 
 ART. 44. When the owner refuses the offer of the administration, 
 he shall be obliged to present to the governor, within the precise 
 period of fifteen da} 7 s to which article 27 of the law refers as well as 
 article 42 of these regulations, the statement of the valuation of the 
 
35 
 
 estate subscribed by his expert, in which the reasons which served as 
 a basis for the valuation shall be stated, taking into consideration all 
 the circumstances which are mentioned in detail in the first paragraph 
 of article 28 of the said law. The governor shall forward these state- 
 ments to the administration or in a proper case to the concessionaire. 
 
 At the same time the expert of the administration shall prepare for 
 the same estate another similar statement as soon as he shall have been 
 notified by the governor of the refusal of the owner. These state- 
 ments shall be delivered directly by the expert to the representative 
 of the administration, or to the person acting in his name. 
 
 The fees earned by the experts in these valuations, as well as the 
 cost of the stamped paper on which the statements are to be drafted, 
 must be paid respectively by each of the persons interested. 
 
 ART. 45. The valuation mentioned in the foregoing article shall be 
 prepared, with regard to their form, in accordance with the forms 
 which will be published at the proper time, together with the regula- 
 tions, and care shall be taken to add thereto the 3 per cent prescribed 
 by article 36 of the law. 
 
 ART. 46. After the statements of valuation referred to in the fore- 
 going article have been collected by the representative of the adminis- 
 tration or by the person acting in his stead, said representative shall 
 examine and ascertain whether they are irregular or whether there 
 exist any statements which do not conform with the statements con- 
 tained in other documents previously formulated. Afterwards he 
 shall forward them to the governor with his report and reasons upon 
 said points, indicating whether the experts have incurred any liability, 
 and mentioning furthermore the estates with regard to which the total 
 amounts of the valuations of both experts agree and the estates with 
 respect to which this conformity does not exist. 
 
 ART. 47. If the total amount fixed for the purpose of exprppriation 
 by each one of the experts should be the same, the value of the estate 
 shall be considered as fixed at said amount, as prescribed by the third 
 paragraph of article 28 of the law, and in such case the administration 
 or the person acting in its stead shall consider itself authorized to 
 occupy it, as in the second paragraph of article 26 of the said law and 
 article 43 of these regulations; should the appraisals not be the same 
 the governor shall order that the respective experts meet to see if 
 they can agree upon the appraisal, which must take place within a 
 period of eight days, prescribed in the fourth paragraph of the said 
 article of the law. 
 
 If an agreement is reached, the valuation of the estate shall be fixed 
 in accordance therewith, and each expert must give immediate notice 
 thereof to the person he represents. The administration or the per- 
 son acting in its stead may also in such case occupy the estate whenever 
 deemed proper after the payment of the amount fixed in the valuation. 
 
36 
 
 ART. 48. In case of disagreement of the experts, the latter, in com- 
 munications signed by both, and within the period of eight days, which 
 is fixed in the fourth paragraph of article 28 of the law, shall give 
 notice thereof to their principals. In such case, and when the experts 
 do not make any statements, upon the expiration of said period, 
 whether the meeting mentioned in the foregoing article has or has not 
 been held for any reason whatsoever, the representative of the admin- 
 istration shall give notice of the fact to the governor, in order that the 
 proceedings may be continued in accordance with the provisions of 
 articles 30 et seq. of the law. 
 
 Nevertheless, according to the provisions of the first paragraph of 
 article 29 of the said law, the administration or the person acting in 
 its stead may occupy the estate whenever it deems it proper after the 
 deposit of the amount fixed in the appraisal made by the expert of the 
 owner, which deposit shall be made with the formalities established 
 in the laws in force and after the proper prescriptions which the gov- 
 ernor may issue for the purpose. 
 
 The owner shall be entitled to interest at the rate of 4 per cent per 
 annum upon the amount deposited for the time intervening between 
 the date of the occupation until he receives the amount finally fixed 
 as the value for the expropriation. 
 
 ART. 49. As soon as the governor is aware, in the manner stated in 
 the foregoing article, of the disagreement of the experts, said author- 
 ity shall inform the judge of first instance of the district to which the 
 property belongs of said disagreement, and he shall appoint a third 
 expert, in accordance with the provisions of articles 30 and 31 of the 
 law, and the prescriptions of the law of civil procedure. 
 
 The third expert must possess the qualifications which, according to 
 the kind of estates to be appraised, are prescribed by article 32 of these 
 regulations, and no objection whatsoever shall be allowed or admitted 
 with regard to his appointment. 
 
 ART. 50. The governor of the province shall collect while the judge 
 is making the appointment of the third expert, the data mentioned in 
 article 32 of the law, and any other data which he may deem proper, 
 applying for the purpose of obtaining the same to the owners of the 
 estates, to the offices of the public treasury, to the register of prop- 
 erty, and in general to all official bureaus which can furnish the same. 
 
 ART. 51. The third expert shall discharge his duties strictly in 
 accordance with the provisions of article 33 of the law, and taking 
 into consideration all the data mentioned in the foregoing article, for 
 which purpose the governor must deliver them as soon as collected. 
 
 ART. 52. The record of proceedings referred to in articles 33 and 34 
 of the law shall be composed for each of the estates with regard to 
 which there may have been a disagreement in the valuation: 
 
 1. Of the declarations of the experts which contain the data men- 
 
37 
 
 tioned in articles 30 and 31 of these regulations, as well as the state- 
 ments referred to in article 36, with the remarks which may have 
 been made by the experts and the reports thereon by the representa- 
 tive of the administration, in accordance with the provisions of 
 article 37. 
 
 2. Of the offer which may have been made to the owner for the 
 acquisition of his estate, according to the statement of valuation 
 prepared by the expert of the administration, in accordance with the 
 provisions of article 41 of these regulations. 
 
 3. Of the statements of valuation prepared by the experts of the 
 parties, in accordance with the provisions of articles 44 and 45, in view 
 of the refusal of the owner to accept the offer made by the adminis- 
 tration. 
 
 4. Of the data mentioned in article 32 of the law and the statement 
 of valuation prepared in view thereof by the third expert. 
 
 5. Of all other data, notices, and documents which said authority 
 may deem proper to mention for a better understanding of the matter. 
 
 ART. 53. The governor, taking into consideration what may appear 
 from the proceedings, after summarily hearing the persons interested 
 if he deems it necessary, and especially the permanent commission of 
 the provincial deputation, shall determine, within the period and in the 
 manner prescribed in article 34 of the law, the amount to be paid the 
 owner in case of disagreement in the valuation of the estate. 
 
 The decision of the governor must state the reasons therefor, and 
 shall contain a clear and precise statement of what appears from the 
 proceedings, and of the reasons and foundations which serve as a basis 
 for the valuation. 
 
 This decision shall be communicated to the owner and to the repre- 
 sentative of the administration or concessionaire. 
 
 ART. 54. The persons interested, within the period of ten days, 
 counted from the date of the notification of the resolution of the gov- 
 ernor, must answer, stating whether they accept the decision or not. 
 
 In the former case, the decision accepted by the parties shall be 
 final, and shall be published in the official bulletin of the province, as 
 prescribed by article 35 of the law. 
 
 In the latter case, the owner may make use of the right of appeal 
 by administrative channels to the minister of the service to which the 
 work pertains, within the period of thirty days granted him by the 
 first paragraph of the said article 35. On his part, the representative 
 of the administration or concessionaire in a proper case, may also 
 apply to the minister within a similar period, requesting the review 
 of the decision of the governor. 
 
 If any of the parties should permit the period fixed to expire without 
 making use of his rights, it shall be understood that he accepts the 
 decision rendered by the said authority. 
 
38 
 
 ART. 55. The governor, represented by the proper minister, shall 
 decide upon the appeals mentioned in the foregoing article within the 
 period of thirty days and the royal order issued shall close the admin- 
 istrative proceedings. 
 
 Said royal order shall be communicated to the parties, and, if they 
 should accept it, it shall become final and shall be published in the 
 official bulletin of the province. 
 
 ART. 56. An administrative appeal lies from the decision of the 
 Government within the period and for the causes mentioned in the 
 last paragraph of article 35 of the law. 
 
 The claims made in the latter case by the appellants must determine 
 exactly the amount which is considered a just" price for the estate to 
 be expropriated, and which constitutes therefor the lesion the curing 
 of which is requested. 
 
 The decision of the contentions court (tribunal contencioso) rendered 
 in accordance with the laws which are in force on the matter, puts 
 an end to the appraisal proceedings; and after being published in 
 the Gaceta de Madrid and in the official bulletin of the province it 
 is binding upon the persons interested. 
 
 ART. 57. The notices which in all the cases referred to in the vari- 
 ous articles of this chapter should have to be served upon the owners 
 of the estates, upon their experts, and upon the concessionaires of the 
 work in a proper case, shall be made in accordance with rules similar 
 to those prescribed in article 39 with regard to proceedings as to the 
 necessity of the occupation of the estates mentioned. 
 
 ART. 58. The course of the general proceedings in each district 
 shall never be suspended by the objections which may be made by the 
 owner of an estate, or the concessionaire of the works, in cases in 
 which he makes use of the right of appeal granted him from admin- 
 istrative decisions in various articles of this chapter, and, therefore^ 
 the proceedings relating to the estates of the other persons interested 
 shall follow their ordinary course, without prejudice to the separate 
 proceeding relating to the estate of the appellant when the proper 
 decision may have been rendered upon his objection. 
 
 CHAPTER IV. PAYMENT AND TAKING OF POSSESSION OF EXPROPRI- 
 ATED ESTATES. 
 
 ART. 59. After the proceedings relating to the valuation of estates 
 which are to be expropriated for the execution of a work under the 
 charge of the State have been closed, according to the rules prescribed 
 in the foregoing chapter, the governor of the province shall forward 
 the valuation proceedings to the proper department. 
 
 The minister shall take the proper steps in order that the proper 
 "Ordenacion de Pagos" may issue the respective warrant for the 
 payment of the sum to which the expropriation amounts of the estates 
 
39 
 
 included within the municipal district to which the proceedings relate, 
 with the exception of those the amount of which may have been paid 
 on account of the urgency of the occupation, either with the agree- 
 ment of the persons interested in the cases mentioned in articles 43 
 and 47 of these regulations, or by the deposit referred to in article 
 48 on account of this consent not having been given, 
 
 ART. 60. In the issue of the warrants mentioned in the foregoing 
 article, the rules established in the general accounting law and in the 
 regulations and instructions issued for the execution thereof shall be 
 observed. 
 
 ART. 61. After the warrant for the payment of the expropriations 
 in a municipal district have been received by the province, and after 
 having been collected by the disbursing officer in whose favor it was 
 drawn, the governor shall fix a day on which the payment is to be 
 made, which shall be announced in the official newspaper of the 
 province a sufficient period in advance, notice in advance being also 
 given to the mayor of the corresponding district, to whom the list of 
 persons interested shall be sent. 
 
 The mayor shall address these persons interested individually, 
 informing them of the day, hour, and place which may have been set 
 for the payment. 
 
 ART. 62. Upon the day and hour and at the place designated the 
 mayor, the representative of the administration, or the delegate author- 
 ized for the purpose by the said administration, the paymaster, the 
 secretary of the ayuntamiento, and the persons interested who may 
 have answered the call shall meet, and the payment of the amounts 
 stated in the proceedings shall be proceeded with in the order in which 
 said interested persons appear in the list transmitted by the governor. 
 
 The payment shall be made in coin and to the persons who may be 
 the recognized owners of the expropriated estates according to the 
 provisions of articles 5 and 6 of the law, no other persons being per- 
 mitted to appear on behalf of the persons interested unless they possess 
 a duly authorized power of attorney, either general or express for this 
 case. 
 
 The mayor shall authenticate with the seal of his office the signatures 
 of those who receipt the respective valuation statements, and shall 
 enforce a strict observance of all the provisions of article 38 of the law. 
 
 ART. 63. None of the persons interested shall be permitted to make 
 any objections or remarks upon signing the receipt for the amount which 
 may be due them. This receipt, therefore, must appear full and clear 
 upon the respective statement. If some private individual should have 
 any statement to make, the payment of his expropriation shall be sus- 
 pended, there being reserved to him the right to make such objection 
 to the governor as he may consider proper. 
 
 ART. 64. Doubts which may arise at the time of payment with regard 
 
40 
 
 to any of the incidents thereof shall be decided by the mayor after 
 hearing the representative of the administration, and reserving to those 
 who consider themselves injured by the decisions of said authorities 
 the right to appeal from the same to the governor of the province. 
 
 ART. 65. After the payment, the secretary- of the a^yuntamiento 
 shall prepare a memorandum of all the incidents which may have 
 taken place, as well as of all the circumstances mentioned in article 39 
 of the law, by virtue of which payment for one or more of the estates 
 included in the proceedings may not have been made. 
 
 The memorandum shall be signed b}^ the mayor, the representative 
 of the administration, the disbursing officer and the secretary of the 
 ayuntamiento, and shall be forwarded by the former to the governor 
 with the proceedings which rna}^ have served as a basis for the pay- 
 ment. The representative of the administration shall forward at the 
 same time to the said governor the copy of all the valuation state- 
 ments mentioned in article 41 of the law for the purposes prescribed 
 therein. 
 
 The copies of the statements referred to in the foregoing paragraph, 
 after being authenticated by the governor, shall be considered as 
 authentic documents for the purposes of their inscription in the reg- 
 ister of property, according to the provisions of article 8 of the 
 mortgage law, and the registers shall have, therefore, the duty to 
 record them, even though no public instrument should have been 
 executed for the corresponding transfers. 
 
 ART. 66. The disbursing officer shall take charge of the amounts 
 which remain without application for the reasons mentioned in article 
 39 of the law, and he shall cover them within the period of eight days 
 after the payment into the treasury of the economic administration of 
 the proper province, receiving the proper deposit receipt therefor. 
 
 Said amounts shall remain at the disposal of the governor in order 
 that they may be delivered to the respective persons interested as the 
 questions which caused their deposit are decided. 
 
 ART. 67. When, by virtue of the provisions of articles 43 and 47 of 
 these regulations, it should be advisable for the administration to 
 occupy an estate before the conclusion of the expropriation proceed- 
 ings, when the amount of the indemnity to be paid has already been 
 determined, the governor, at the instance of the director or person in 
 charge of the inspection of the works, shall address the minister of 
 the proper service requesting that a warrant be issued for the cor- 
 responding amount. 
 
 This warrant shall be drawn in favor of the disbursing officer, who, 
 after collecting the amount thereof, shall deliver without delay the 
 sum to the respective owner, taking a receipt from the latter, which 
 shall appear on the statement of valuation pertaining thereto. 
 
 The disbursing officer may indorse the warrant in favor of the 
 owner, observing the same formalities with regard to the receipt. 
 
41 
 
 If the occupation of an estate should be advisable without the 
 amount of the expropriation having been determined in a definite 
 manner, according to the provisions of article 48 of these regulations, 
 the governor shall inform the minister, in order that the proper war- 
 rant may be issued for the amount which may appear in the valuation 
 of the expert of the owner, or, in his absence, the expert of the 
 administration. 
 
 In the latter case the said warrant shall be drawn in favor of the 
 disbursing officer, who, as soon as he collects it, shall deposit the 
 amount in the treasury of the economic administration of the province, 
 in accordance with the accounting instructions which are in force at 
 the time these operations take place. 
 
 ART. 68. The payment of the expropriation of any estate which may 
 have been occupied, in view of the amount of the valuation made by 
 the expert of the owner, or the one of the administration in the 
 absence of the former, in accordance with articles 48 and 67 of these 
 regulations, shall be made as soon as a final decision is rendered in the 
 litigation, either in the administrative or in the contentious proceed- 
 ings. The governor shall then order the deposit, in order to deliver 
 to the person interested the portion which may pertain to him, cover- 
 ing the balance, should there be any, into the proper treasury, all 
 with the formalities which are prescribed in the accounting regula- 
 tions of the department to which the work pertains. 
 
 ART. 69. The governor shall contribute by all the means in his 
 power to facilitate the operations mentioned in the foregoing articles, 
 in order that the payment of the amounts of the expropriation may 
 take place in the shortest period possible, and shall adopt the measures 
 which may conduce to the custody and safety of the funds destined to 
 the said payment. 
 
 ART. 70. After the payment of the expropriation has been made in 
 any of the cases mentioned in the law and in these regulations, or after 
 the deposit referred to in articles 48, 67 and 68 of the same, the admin- 
 istration shall at once enter into the possession of the expropriated 
 lands or estates, which act shall take place before the mayor of the 
 respective jurisdiction. 
 
 ART. 71. If during the execution of the works the necessity of occu- 
 pying a larger area than that allowed in the statement of valuation 
 should be recognized, payment shall be made for the part which may 
 have been occupied, in accordance with the provisions contained in 
 the second and third paragraphs of article 42 of the law. 
 
 ART. 72. If the work which required the expropriation should not 
 be executed, the governor shall inform the owner of the expropriated 
 estate thereof in order that, within the period fixed in the second para- 
 graph of article 43 of the law, he may state whether he wishes to 
 recover the estate, returning the amount which may have been paid 
 for the same. 
 
42 
 
 In an affirmative case the return shall be made after the payment of 
 said amount in the treasury of the economic administration of the 
 province. 
 
 In a negative case or in case the period fixed should expire without 
 an answer being made, the State may dispose of the property as it may 
 deem fit. 
 
 ART. 73. A similar procedure shall be observed when some parcel 
 should remain over after the execution of the work; by parcels being 
 understood in these cases, those which are defined as such in article 4: 
 of the law, and taking into consideration, in a proper case, the excep- 
 tion made in the second paragraph of article 43. 
 
 A similar procedure shall be observed when the estates should 
 remain without application on account of the termination of the object 
 of the expropriation. 
 
 ART. 74. Rules identical, in so far as possible, and in other similar 
 cases, to those established for works under the charge of the State by 
 articles 61 and 73 of these regulations shall be applied to the payment 
 and the taking of possession of the real property when works in 
 charge of the deputations or ayuntamientos are in question, without 
 prejudice to the observation of the proceedings provided for by the laws 
 in force on provincial and municipal accounting. 
 
 ART. 75. The said articles 61 and 73 are also applicable to works 
 executed by concession, taking into consideration the modifications 
 which it would be necessary to introduce on account of the conces- 
 sionaire being the person who is to make the payments and the one to 
 occupy the expropriated estates, subrogating himself to the adminis- 
 tration in all the rights and obligations pertaining to the same. 
 
 ART. 76. With regard to the notifications which it might be neces- 
 sary to make to the different persons interested for the purpose of 
 properly executing the provisions of this chapter, the prescriptions 
 of articles 36 and 57 of these regulations shall be observed. 
 
 The provisions of article 58 shall also be taken into consideration 
 in order not to cause a suspension of the proceedings in case of the 
 objection of some owner. 
 
 CHAPTER V. EXPROPRIATIONS NECESSARY FOR THE INTERIOR 
 
 IMPROVEMENT OF LARGE TOWNS. 
 
 ART. 77. The expropriations which may be necessary for the 
 improvement, sanitation, and widening of streets in towns having at 
 least 50,000 inhabitants, shall be governed by the provisions of section 
 5, Title II, of the law, and the prescriptions of this chapter of these 
 regulations. 
 
 ART. 78. When the aj^untamiento of any of the towns referred to 
 in the foregoing article should desire to execute works which embrace 
 the three conditions of improvement, sanitation, and widening of 
 
43 
 
 streets for one of the purposes mentioned in article 46 of the law, it 
 shall issue orders that its municipal architect or the technical person 
 to whom it may consider proper to intrust this work proceed to make 
 a study of the corresponding- project. 
 
 ART. 79. The project must contain the documents which are gen- 
 erally required for all public works, which are the following: 
 
 1. An explanatory memorial. 
 
 2. Plans. 
 
 3. Document of technical conditions. 
 
 4. Estimate of cost. 
 
 In the explanatory memorial a detailed description shall be made of 
 the works planned, justifying their necessity for the purpose of their 
 construction, as well as the necessity for the occupation of the estates 
 which it would be requisite to expropriate in order to execute the 
 same. 
 
 In the plans the streets, squares, and alignment projected shall be 
 precisely fixed, specially marking the lands or lots which it would be 
 necessary to occupy for the realization of the project. There shall 
 likewise be marked on said plans the estates which it would be neces- 
 sary to expropriate, not only for the widening of streets but also for 
 the formation of lots regularly laid out in lateral zones parallel to said 
 street which it is necessary to expropriate, each of which must have 
 the width of the street planned; but always within the maximum limit 
 prescribed by article 47 of the law, as also those which may be neces- 
 sary for the formation of blocks and which are subject to forcible 
 alienation, according to the provisions of article 48 of the said law. 
 
 The document of conditions shall contain the description necessary 
 to give a complete idea of the works and the prescriptions and requi- 
 sites which their execution ma} r require. 
 
 The estimate of cost shall include, properly classified, the sums which 
 may be necessary to carry out the work. 
 
 With regard to the form of each of these documents, the forms pre- 
 scribed by the department to which the civil constructions pertain 
 shall be adhered to. 
 
 ART. 80. The project must furthermore contain the establishment of 
 the urban public services over the entire area included in the works, the 
 plans for the fronts and other details to which the new buildings which 
 may be erected on the lots must conform. 
 
 ART. 81. There shall be attached to the project an estimate of the 
 sum required, according to its author, for the expropriations which, 
 may be considered necessary, and, in a proper case, an estimate of the 
 amount which may be received from the sale of the lots which may 
 result on the expropriated area adjoining the public road. 
 
 ART. 82. The project, prepared in accordance with the terms pre- 
 scribed in the preceding articles, shall be forwarded to the governor 
 
44 
 
 of the province in order that it may serve as a basis for the proceed- 
 ings on the declaration of public utility. 
 
 The governor shall order that the proper edicts be inserted in the 
 official bulletin and in the Gaceta de Madrid, announcing that the 
 question is the declaration of public utility of the work to which the 
 project refers, and fixing a period not less than ten days for the admis- 
 sion of objections. 
 
 ART. 83. Upon the expiration of the period fixed, the governor 
 shall forward with his own report the proceedings to the minister 
 under whose charge civil constructions may be, whose duty it is to 
 make the declaration of public utility in accordance with the pro- 
 visions of the second paragraph of article 46 of the law. This declara- 
 tion shall be made, if proper, after hearing the technical corporations 
 which the minister may deem fit to consult, and in important cases the 
 council of state. The commission of historical and artistic monu- 
 ments must also be heard if among the buildings to be expropriated 
 there should be any which has such character or which should contain 
 works of recognized merit. 
 
 The declaration must in every case be made by a royal decree 
 adopted by a council of ministers, the basis for the resolutions being 
 duly explained. 
 
 ART. 84. After the declaration of utility has been made, a resolution 
 shall be adopted as to the approval of the project. This approval 
 pertains to the Government, which shall grant it in a proper case, 
 after the reports of the technical corporations which may be proper, 
 b} T means of a royal decree countersigned by the minister of the service 
 to which the work corresponds. 
 
 ART. 85. After the works have been declared of public utility, the 
 project approved and its execution ordered, a ground plan shall be 
 made thereof and the nominal statement of the persons interested in 
 the expropriation shall be prepared, which shall be duly rectified in 
 order that the persons with whom the administration is to conduct the 
 proceedings may be properly known. 
 
 The provisions contained in articles 19 to 22 of these regulations 
 shall be observed in all these operations. 
 
 ART. 86. Thereafter the proceedings on the necessity of the occupa- 
 tion of the estates to be expropriated shall be had. For this purpose 
 the governor shall proceed within three days from the day he receives 
 possession of the corrected statement of the persons interested in the 
 expropriations to make the proper announcement and fix the period 
 within which to object. 
 
 The objections shall be made to the mayor, and must be in writing, 
 who shall afterwards forward them to the governor who shall decide 
 as to the necessit} 7 of the occupation, after a report from the author of 
 the project, the ayuntamiento, and the provincial commission of the 
 deputation. 
 
45 
 
 The declaration of the governor shall be communicated to the respec- 
 tive persons interested, and an appeal lies therefrom to the proper 
 minister, who shall definitely decide, the provisions of article 19 of 
 the law and articles 23, 24, and 25 of these regulations being observed 
 in all these proceedings. 
 
 The provisions of article 28 shall also be observed in order not to 
 hinder the proceedings, when the person interested in the expropria- 
 tion of an estate should not be known at the time the proceedings are 
 to be instituted. 
 
 ART. 87. 1 After the necessity of the occupation has been declared 
 the parties interested shall proceed with the appointment of the 
 experts who are to represent them in the surveys and collecting of 
 data necessary for the appraisal, which appointment can be given only 
 to such persons as possess a title of architect, engineer of roads, 
 canals, and ports, or industrial engineer, or, otherwise, a builder or 
 assistant builder. When the estate is of a mixed character it must be 
 appraised by a mixed commission. 
 
 The experts shall survey the estates which are to be occupied and 
 shall state in their declarations all the circumstances of the estate, in 
 accordance with the provisions of article 30 of these regulations. lu 
 such cases plans shall be made of said estates upon a scale of 1 to 100, 
 or upon a larger scale when considered necessary for greater clearness, 
 it being understood that the plans must always include the entire 
 estate in question, even though the expropriation should afi'ect a part 
 thereof only. 
 
 The declarations of the experts shall be collected by the representa- 
 tive of^ the administration, and shall be forwarded to the governor 
 with the expense accounts, including the fees of the said experts. 
 
 In all the proceedings mentioned in the preceding paragraphs, the 
 provisions of articles 33 to 37 of these regulations shall be observed in 
 so far as applicable and not modified by the corresponding articles of 
 this chapter. 
 
 ART. 88. After the portion of the estate to be occupied has been deter- 
 mined, the expert of the administration shall prepare a statement of 
 valuation in which, taking into consideration all the circumstances which 
 appear in the statements of the experts in accordance with the provi- 
 sions of article 23 of the law and the corresponding ones of these regula- 
 tions, the highest amount which in the opinion of the said experts can 
 be allowed to the owner in payment of all claims, free from all 
 expenses, shall be stated. In this statement the expert signing the 
 same shall duly state the reasons upon which he bases his valuation. 
 
 The statement mentioned in the foregoing article shall be submitted 
 for the acceptance of the owner, who shall state whether he does or 
 
 1 This article is inserted here as amended by the royal decree of July 4, 1881. 
 
46 
 
 does not agree to accept the amount offered, the provisions of articles 
 41, 42, and 43 of these regulations being observed in all these proceedings. 
 
 AKT. 89. If the owner should refuse the offer of the administration 
 he shall present another statement of valuation made by his expert, 
 &nd the one representing the ayuntamiento must do likewise. These 
 two statements shall afterwards be compared, and if their totals are 
 the same the valuation of the estate shall be fixed thereat. 
 
 Should the total amounts which appear on the statements not coin- 
 cide, the proper judge shall appoint a third expert, who shall make his 
 declaration, taking into consideration all the data mentioned in article 
 32 of the law, and the governor shall render a decision with his reasons, 
 which shall be communicated to the parties in order that they may 
 make use of the right of appeal granted them by law. 
 
 ART. 90. In the proceedings mentioned in the foregoing article the 
 procedure prescribed by articles 44 to 56 of these regulations shall be 
 observed, taking into consideration: 
 
 1. That the documents which relate to the valuation of an estate 
 subject to forcible alienation on account of its having a frontage or 
 openings upon the yards, streets, or parts of streets which must be 
 removed for the proper laying out or formation of blocks, in accord- 
 ance with the project approved, the easements or lighting privileges or 
 views must be taken into account as if they faced upon a public road. 
 
 2. That in order to appraise the value of the estate, no improve- 
 ment can be considered which was- made after the initiation of the 
 project. 1 
 
 3. That the expert of the owner must indicate when the entire 
 estate should not be subject to expropriation, whether the alienation 
 of the rest would be advisable for the owner, or whether he should 
 retain it in accordance with the provisions of the paragraph of article 
 23 of the law. 2 
 
 4. That these appraisals must be absolute and there must be 
 included therein, therefore, the annuities, ownerships, incumbrances, 
 and easements thereon of all kinds affecting the right of ownership 
 directly or indirectly, so that after the expropriation of an estate has 
 taken place said charges or incumbrances can not revive for any rea- 
 son whatsoever with regard to the new lots which may be formed. 
 
 5. That the ayuntamiento may at once occupy the estate from the 
 moment it pays to the owner the amount of the expropriation when 
 said amount has been determined, and, otherwise, upon the deposit of 
 the amount stated in the declaration of the expert of the person inter- 
 ested or that of the administration, in his absence. 
 
 1 Not after the initiation but after the definite approval of the project is understood, 
 .according to the royal order of April 28, 1883. 
 
 2 What paragraph is referred to is not stated. 
 
47 
 
 ART. 91. The payment for and taking of possession of the said 
 estates shall be made by the ayuntamiento, subject to the laws and 
 instructions upon municipal accounting at present in force, or which 
 may be in force when said proceedings are held, which shall conform in 
 so far as applicable to the provisions of article 4 of these regulations. 
 
 ART. 92. After the ajmntamiento has paid or deposited the value of 
 the expropriations which are comprised in the project, the demoli- 
 tions which may be necessary to carry them out shall be proceeded 
 with, in a proper case, marking off the blocks which may have been 
 planned adjoining the public road. 
 
 The lots which constitute the blocks mentioned in the foregoing 
 article shall be sold by the a}^untamiento at public auction, in accord- 
 ance with the decree of February 27, 1852, and the instructions which 
 are in force as to its application, always after the documents of condi- 
 tions which will have to be prepared for the purpose by the municipal 
 corporation with the approval of the governor or of the government, 
 if proper. 
 
 In said conditions it must be specifically stated that the new build- 
 ings must conform to the project approved, and that upon the sale by 
 the ayuntamiento of the lots referred to in the foregoing paragraphs 
 exemption is granted from the payment of the tax on property rights 
 and transfer of property, corresponding to the transfer of ownership 
 of the said lots. 
 
 An express condition in these sales shall also be the period for the 
 beginning and completion of the buildings, no extension in the execu- 
 tion thereof being permitted. Noncompliance with this provision 
 shall always carry with it the reversion of the lot to the ayuntamiento 
 with the loss by the purchaser of the sum he may have paid therefor. 
 
 ART. 93. The ayuntamientos may execute the works referred to in 
 this chapter either by administration or by contract, the provisions of 
 these regulations being observed, as well as the provisions in force on 
 public works, and, in the latter case, the provisions of the decree upon 
 contracts for public services and instructions for its execution. 
 
 Contracts in a proper case shall be let only for the works of demo- 
 lition, removal of earth for laying out the lots, and the establishment of 
 urban public services, the estimates made for these objects serving as 
 a basis for the auction. The expropriations and expenses of the same 
 shall be borne by the ayuntamiento, which reserves the ownership of 
 the lots laid out for the sale, as prescribed in article 92. 
 
 ART. 94. The ayuntamientos may also execute works of this char- 
 acter for improvement, sanitation, and the widening of streets of towns 
 by means of concessions to private individuals or duly organized com- 
 panies. In such cases the concessionaire shall subrogate himself in all 
 the rights and obligations which pertain to the latter. Said conces- 
 sionaire binds himself therefor to pay the expropriations, to execute the 
 
48 
 
 demolitions which may be necessary to establish the urban public serv- 
 ices of all kinds and to lay out the lots which may result, all strictly in 
 accordance with the project prepared by the ayuntamiento and approved 
 by the proper person. 
 
 In compensation for the expense of the services and works, the con- 
 cessionaire shall become the owner of the land which it may not be 
 necessary to occupy for the public road, and he may unrestrictedly 
 alienate the same without any other conditions being imposed but a 
 strict observance in the formation of the blocks and lots, as well as 
 in all that relates to new buildings, of the provisions of the project, 
 the law, and these regulations. 
 
 ART. 95. When the ayuntamiento considers the granting of a con- 
 cession of this character to be advisable, upon a project ordered pre- 
 pared and the cost of which was defrayed by the municipal corporation, 
 the granting of the concession shall be made by the ayuntamiento, and 
 always at public auction. 
 
 The bidding shall be upon the value given to the lots laid out after 
 the works of the project have been executed, and after deducting from 
 said value expenses of all kinds which may be considered necessary in 
 order to complete the same. 
 
 ART. 96. In order to hold the auction prescribed in the foregoing 
 article, the ayuntamiento shall order that the author of the project 
 prepare, before anything else, a calculation of the value of the lots, 
 which is to serve as a basis for the bidding. 
 
 This calculation shall contain, in the first place, the amount which, 
 according to the estimate of the author of the project and taking into 
 consideration all the circumstances and conditions in which the differ- 
 ent partial lots may remain, it is believed that the entire area available 
 for new buildings is worth after the work of the demolition of the 
 buildings expropriated and the laying out of lots. 
 
 There shall be deducted from the sum mentioned in the preceding 
 paragraph : 
 
 1. The cost of the study of the projects and the cost of the copies 
 for the proceedings. 
 
 2. The sums which it is calculated are necessary for the payment of 
 the expropriations and the expenses inherent thereto for any reason 
 whatsoever. 
 
 3. The calculated cost for the works of demolition of buildings, it 
 being considered that the material which can be used from said demo- 
 lition is to remain the property of the concessionaire. 
 
 4. The estimated cost of the removal of earth and other work which 
 may be necessary for the leveling of the road and the establishment of 
 all public and urban services, as well as for the formation and marking 
 off of lots. 
 
 5. All other expenses which may arise in connection with a proper 
 realization of the project. 
 
49 
 
 To the sum of the calculated expenses, in accordance with the 
 preceding numbers, shall be added 15 per cent to meet the cost of 
 direction, administration, advance of capital, and industrial benefit. 
 
 ART. 97. The amount whieh may result from the calculation referred 
 to in the foregoing article for the value of the alienable lots shall serve 
 as a basis for the auction, and the amount, increased in a proper case, 
 shall be paid to the ayuntarniento by the private individual or company 
 whose bid is accepted. 
 
 In addition the concessionaire will be obliged to pay to the ayun- 
 tamiento the sum which appears in the said calculation as the cost of 
 the project and of the copies necessary in the proceedings. 
 
 AKT. 98. Prior to the public sale a document of private and economic 
 conditions shall be prepared by the ayuntainiento, in which shall be 
 stated: 
 
 1. The deposit required of persons who desire to take part in the 
 bidding. This deposit shall be 1 per centum of the amount calculated 
 for the payment of expropriations and the cost of the works, and shall 
 be returned to all the bidders, excepting the one whose bid was accepted, 
 upon the day following the public sale. 
 
 2. The period within which the contract is to be elevated to a public 
 instrument, under the penalty of the loss of the deposit mentioned in 
 the foregoing article. 
 
 3. The bond to be given by the concessionaire upon the execution of 
 the instrument to answer for the fulfillment of his obligations. This 
 security shall be 10 per cent of the amount calculated for the payment 
 of expropriations and the execution of works of all kinds. The part 
 of the said security which corresponds to the expropriations shall not 
 be returned until the concessionaire shows that he has made all the 
 payments, and that the last proceedings prescribed in the law and these 
 regulations have been fulfilled. The part which pertains to the works 
 shall be returned upon the conclusion of the same, and after they have 
 been received by the technical person in charge of the inspection of 
 the works. 
 
 4. The date when the concessionaire is to begin or terminate the 
 work and the new buildings specified in the project, as well as the 
 amount of work to be done within certain periods, in order that it 
 may be concluded within the period fixed. 
 
 5. The period when the concessionaire is to pay to the ayuntamiento 
 the sum fixed for the cost of studies as well as when he. is to pay the 
 amount for which the concession was adjudicated to him. 
 
 6. The cases in which the concession will be forfeited and what it 
 may be proper to do in each of these cases in accordance with the pro- 
 visions hereupon contained in the laws in force on public works. 
 
 7. All other conditions which in each special case it is necessary to 
 stipulate, in the opinion of the ayuntamiento, among which must never 
 
 1762101 4 
 
50 
 
 fail to be included the period for the beginning and conclusion of the 
 constructions, in accordance with the provisions of these regulations, 
 nor shall the penalty to be imposed in case of nonfulfillment of this 
 condition which is fixed in the same be omitted. 
 
 ART. 99. After the concession has been awarded by the ayunta- 
 miento, the concessionaire shall pay the expropriations of the estates 
 which it may be necessary to occupy, strictly complying with all the 
 provisions with regard hereto contained in the law and these regu- 
 lations. 
 
 Thereupon he shall execute the works of demolition and mark off 
 the lots and establish all the urban public services in accordance with 
 the project, and upon the conclusion of all this work he shall be given 
 possession of the land and lots which remain his property, with the 
 formalities prescribed in the laws in force. 
 
 At the time stated in the conditions of the concession, the conces- 
 sionaire or the persons to whom he may have transferred the lots shall 
 begin the construction of the new buildings, with the understanding 
 that every lot not built upon within the unextendible period fixed for 
 the purpose in the said conditions shall revert to the aj^untamiento, 
 with the loss by the concessionaire, and, in a proper case, by the person 
 who acquired the same, of the sum he ma} 7 have paid therefor. 
 
 The ayuntamiento shall sell this lot or lots at public auction under 
 similar conditions, in order that the buildings on the street may be 
 speedily .concluded. 
 
 ART. 100. The ayuntamiento may grant an extension to the conces- 
 sionaire for the conclusion of the works, provided that it is duly proven 
 that in the prosecution of the expropriation proceedings cases have 
 arisen for which the concessionaire is not to blame, and which hindered 
 the normal progress of the corresponding steps. 
 
 In no case can extensions be granted with regard to the construction 
 of the new buildings which are to be erected on the lots marked off, 
 nor any dispensation or exemption from any of the conditions relating 
 to this part of the work fixed in these regulations. 
 
 ART. 101. Any private individual or duly organized company may 
 address the ayuntamiento proposing the execution of works for the 
 improvement, sanitation, and widening of streets of a town, and request 
 the concession thereof. 
 
 The petitioner shall apply to the ayuntamiento for the concession, 
 and must attach to the request the proper project. This project must 
 conform to the provisions of articles 79 and 80 of these regulations, 
 and the petitioner, upon presenting it, shall attach the deposit receipt 
 showing that he has deposited in the treasury of the ayuntamiento a 
 sum equivalent to 1 per cent, of the sum which corresponds to the 
 expropriations and the value of the works projected according to the 
 estimate. 
 
51 
 
 ART. 102. The project of the petitioner shall afterwards be submit- 
 ted to all the proceedings which articles 82 to 81 prescribe for the 
 declaration of public utility, and for the approval of the said project. 
 
 Afterwards the cost of the studies shall be taxed, which shall be 
 done by two experts appointed, one by the person interested and the 
 other by the ayuntamiento, or by a third person designated in advance 
 and by common consent by the said experts in case of disagreement^ 
 
 ART. 103. The concession shall be granted by the ayuntamiento at a 
 public auction, for which the provisions contained in articles 95 to 98 
 shall be observed, the petitioner being obliged to make the calculation 
 which, according to article 96, is to serve as a basis for the public 
 sale. 
 
 The right of tanteo is reserved to the petitioner in such case that is 
 to say, the right to receive the concession, if he should so desire, for 
 the sum which may have been offered by the highest bidder. 
 
 If the person interested should desire to make use of this right he 
 must attend the public sale, either in person or through a duty empow- 
 ered representative, which sale shall be extended one-half hour in order 
 that the petitioner may make the proper declaration, which shall be 
 recorded upon the minutes of the sale in a proper case. If upon the 
 expiration of the half hour no declaration whatsoever should be made, 
 it shall be understood that the petitioner renounces his right. 
 
 If the petitioner of the concession should not be given the conces- 
 sion at the sale, the successful bidder must pay to the former, within 
 the period of fifteen days from the date the concession was awarded 
 to him, the sum at which the ^project was appraised in accordance with 
 the provisions of article 102. 
 
 The ayuntamiento shall return to the petitioner in such case the 
 deposit which he may have made upon presenting the project accord- 
 ing to article 101 of these regulations, which return shall be made on 
 the day following the holding of the sale. 
 
 The provisions of articles 99 and 100 shall be observed in this case 
 for the payment of expropriations, the execution of the works, deliv- 
 ery to the concessionaire of the lots marked off, and other details 
 established in the aforementioned articles. 
 
 ART. 104. In the sales of concessions the ayuntamiento shall observe 
 the provisions of the royal decree of February 27, 1852, with regard 
 to contracting for public services and the instructions issued for its 
 application, in so far as these provisions are not modified by these 
 regulations. 
 
 ART. 105. The ayuntamiento shall keep a separate account exclusively 
 of the expenses relating to the works referred to in the foregoing 
 articles, and may contract loans for their execution according to the 
 provisions of article 51 of the law. 
 
 When the ayuntamiento should consider the negotiation of a loan 
 
52 
 
 of this character necessary it shall order its finance commission to draw 
 up the proper project. 
 
 Said commission shall present with its project the documents which 
 it may consider proper in order to show the condition of the municipal 
 funds and a memorial with the reasons detailing the calculations of the 
 operation with regard to the payment of interest and series of years 
 of the amortization, as well as the project of the document of condi- 
 tions, which is to serve for the negotiation of the loan at public sale. 
 The ayuntamiento shall afterwards decide what it may deem proper, 
 conforming to the provisions of the municipal law, afterwards trans- 
 mitting the proceedings to the Government for its approval. 
 
 The proper minister shall render his decision after hearing the 
 council of state. 
 
 ART. 106. The provisions contained in article 73 of these regulations 
 are applicable to the parcels of land which are left over after the exe- 
 cution of the works of improvement of the interior of a town, in 
 accordance with the project approved, and after having sold, in a proper 
 case, the lots referred to in article 92, as well as those which may have 
 reverted to the municipal corporation on account of noncompliance by 
 the concessionaire or owner with the building conditions according to 
 the provisions of the third paragraph of article 99. 
 
 The parcels which remain the property of the ayuntamiento, on 
 account of not having been acquired by the corresponding owners, 
 may be sold in accordance with the provisions of the law of June 17, 
 1864. If the work should have been executed by concession, the con- 
 cessionaire as the owner of the parcels may alienate them without 
 restriction, but always under the conditions imposed upon him in 
 order that they may not remain a long period without the building 
 which may be proper in accordance with the project. Nonfulfillment 
 of these conditions, which can not be extended, shall always carry with 
 it the reversion of the lot or parcel to the ayuntamiento with the loss 
 to the owner of the value thereof. 
 
 ART. 107. The expropriations necessary to carry out the plan of 
 widening the streets of a town shall be made in accordance with the 
 provisions of the law of December 22, 1876, and Chapter V of the 
 regulations of February 19, 1877, for the application of the said law. 
 
 ART. 108. The provisions contained in articles 39, 58, and 76, with 
 regard to notifications to the persons interested in the expropriations 
 and with regard to the action to be taken when any of the persons 
 interested should make use of the right granted him by the law to 
 appeal from administrative decisions, shall be applicable to the pro- 
 ceedings which may be instituted for the purpose of executing the 
 works referred to in this chapter. 
 
53 
 
 CHAPTER VI. TEMPORARY OCCUPATIONS. 
 
 ART. 109. The administration, or the person representing the same, 
 has the right to impose upon private property the easement of tem- 
 porary occupation whenever it should be necessary for the execution 
 of the works previously declared of public utility and for those which 
 are excepted from this formality by article 11 of the law on expropri- 
 ation in the cases and with the requisites which are required by Title 
 III of the said law and the corresponding articles of these regulations. 
 
 This easement is compulsory with regard to rural estates; but in no 
 case can it be imposed upon urban estates without the express permis- 
 sion of the respective owner. 
 
 ART. 110. When the temporary occupation should be indispensable 
 for the purpose of making examinations or operations in order to col- 
 lect data for the formation of a plan or description of a work, which 
 is the first case of article 55 of the law, the governor of the province 
 shall furnish the technical person in charge of the said studies or 
 operations credentials for the mayors of the towns within whose juris- 
 diction he is to work, in order that he may be given all the assistance 
 possible, and especially to obtain from the owners permission to enter 
 their premises. 
 
 ART. 111. The amount of losses or damages which ma} 7 be caused to 
 the owner by the temporar} 7 occupation, in the case of the preceding 
 article, shall be fixed by two experts, one appointed by the technical 
 person in charge of the work and the other by the owner of the estate. 
 In case of disagreement between the experts, the amount of damages 
 shall be fixed by the proper mayor, an appeal being allowed to the 
 governor of the province. The sum at which the indemnity is fixed 
 shall be paid at once to the owner by the person iri*charge of the works. 
 
 ART. 112. If the owner should without just cause refuse to grant 
 permission to enter his premises, or if, after the amount of losses and 
 damages has been fixed in the manner mentioned in the foregoing arti- 
 cle, he should insist on his refusal, the mayor shall inform the gov- 
 ernor of the province, who shall take the proper steps to enforce com- 
 pliance with the provisions of the law and these regulations. 
 
 Nevertheless, the said governor may withdraw, at the instance of a 
 party, the authority granted, enforcing the liability which may have 
 been incurred by reason of the commission of any abuse. 
 
 ART. 113. Private estates may also be occupied temporarily in the 
 second case mentioned in article 55 of the law; that is, for the estab- 
 lishment of temporary roads, workshops, storehouses, deposits of 
 materials, and any other easements required in the construction, repair, 
 and preservation of the works. 
 
 ART. 114. The necessity of the temporary occupation in the case 
 mentioned in the foregoing article shall be declared in the terms pre- 
 scribed in article 58 of the law. 
 
54 
 
 ART. 115. In these cases the owner of the land shall be indemnified 
 for the time of the occupation, as well as for losses and damages and 
 deterioration of any character which may be caused thereby. 
 
 Whenever it is convenient for the owners, and they should so 
 demand, the condition of their estates shall be recorded before they 
 are occupied with regard to any circumstance which may cause a doubt 
 in the appraisal of the damages caused thereto. 
 
 ART. 116. When it is possible to fix in advance the extent and dura- 
 tion of the temporary occupation before it actually takes place, an 
 agreement shall be made with the owner upon the amount of the indem- 
 nity. For this purpose the representative of the administration or 
 the concessionaire shall offer to the owner the sum which may be con- 
 sidered proper, granting him a period of ten days in which to answer 
 whether he accepts or refuses the said offer. 
 
 In case of his acceptance, the payment of the corresponding amount 
 shall be made, and the estate may be occupied at once without the 
 owner being permitted to make any objection whatsoever. 
 
 If the person interested should not answer within the period fixed 
 in the first paragraph of this article, it shall be understood that he 
 accepts the offer made, and the estate shall be occupied after the pay- 
 ment of the indemnity, as stated in the second paragraph. 
 
 ART. 117. In all cases in which it should not be possible to fix in 
 advance the extent and duration of the occupation, an attempt shall be 
 made by the representative of the administration, or by the conces- 
 sionaire to reach an agreement with the owner, to fix a sum suffi- 
 cient to answer for the amount of the idemnity. If an agreement 
 should be reached on this point, the amount fixed shall be deposited in 
 the treasury of the economic administration of the province to answer 
 for the payment of the indemnity at the proper time. 
 
 In case of disagreement the parties interested shall appoint experts 
 to determine the amount of the sum to be deposited, the procedure in 
 these cases being similar to that prescribed for the expropriation by 
 article 29 et seq. of the law and the corresponding ones of these regu- 
 lations, the governor of the province deciding in the last case, whose 
 resolution shall be final. 
 
 In any case, before the temporary occupation, the experts shall make 
 a record of the condition of the estate, as prescribed in the second 
 paragraph of article 59 of the law, and 115 of these regulations. 
 
 Similar proceedings shall be had in order to fix the sum to be 
 deposited when the owner should have refused the offer which may 
 have been made him in the case of article 116. 
 
 ART. 118. As soon as the works are entirely concluded, or that por- 
 tion thereof which affects the lands temporarily occupied, the indem- 
 nity shall be fixed which is to be definitely paid for the occupation, 
 deteriorations, losses, and damages caused thereby. 
 
55 
 
 An attempt shall first be made to reach an agreement with the owner 
 to determine the amount of the indemnity, the proceedings in this case 
 being similar to those prescribed by the law and these regulations for 
 a permanent occupation. 
 
 ART. 119. If the owner should refuse the proposal of the representa- 
 tive of the administration or of the concessionaire, the taxation shall be 
 made by experts, according to proceedings similar to those prescribed 
 for the expropriation in the third section of Title II and corresponding 
 chapter of these regulations, until the conclusion of the proceedings 
 either administratively or, in a proper case, by litigation. 
 
 In these appraisals the provisions of article 60 of the law and the 
 privilege granted by the same to the administration or to the person 
 acting in its stead to demand the expropriation of the entire estate in 
 the case mentioned therein must be taken into consideration. 
 
 ART. 120. For the payments and deposits which may have to be 
 made, for the purpose of satisfying indemnities for temporary occu- 
 pations, the administration shall conform to the provisions of Chapter 
 IV of these regulations, with regard to permanent occupations. 
 
 When said payments or deposits are to be made by concessionaires or 
 contractors of the works, the governor shall take the proper steps in 
 order that they be made strictly in accordance with the provisions 
 of the law and these regulations. 
 
 ART. 121. The private properties are also subject to the easement 
 mentioned in the third case of article 55 of the law. Therefore the 
 representatives of the administration and the concessionaires or con- 
 tractors of the works may extract from said estates all materials which 
 are to be used in said works, whether on the surface of the estates or 
 whether their extraction must be the object of a regular working. 
 
 ART. 122. In all the cases of the foregoing article the proprietor 
 shall be paid what may be proper for the temporary occupation in 
 accordance with the provisions hereupon contained in articles 113 to 
 120 of these regulations. 
 
 There shall be paid in addition the value of the material used or 
 extracted in accordance with the provisions contained in the following 
 articles. 
 
 ART. 123. When it should be necessary to take from a private estate 
 pebbles, gravel, sand, and other similar material for the execution of 
 a work, the necessity of the extraction shall be passed upon by the 
 governor, after holding in the most summary manner possible proceed- 
 ings similar to those prescribed in article 58 of the law and 114 of 
 these regulations. 
 
 In the cases of this article there shall be paid as indemnity only that 
 corresponding to the losses and damages which are caused to the land 
 by the extraction of the materials; but nothing shall be allowed for 
 the value of the substances themselves, unless the owner clearly and 
 
56 
 
 definite^ proves that prior to the approval of the project of the work 
 they were being worked in a regular manner for the exercise of any 
 industry and for which industry the proper tax was being paid. 
 
 It shall not be sufficient, therefore, in order to declare that the pay- 
 ment for the material is proper, that at some period some of the 
 material could have been utilized with the permission of the owner or 
 for any compensation. 
 
 ART. 124. When pajonent for the value of material is proper in 
 accordance with the provisions of the foregoing article the price of 
 the unit shall be fixed according to proceedings similar to those which 
 are to be had in fixing the indemnity corresponding to the temporary 
 occupation, an account being kept according to the means which may 
 be agreed upon by the parties of the number of units which may be 
 removed in order to pay for the same at the times and in the manner 
 which may be proper. 
 
 ART. 125. When it should become necessaiy to take loose stone or 
 rocks from an estate the necessity therefor shall be declared, as in the 
 cases mentioned in article 123. 
 
 The indemnity, in the case of this article, shall always include the 
 damage which may be done to the estate by the cartage of the material 
 or in any other manner, the provisions of article 124 being observed 
 with regard to anything else which relates to the indemnification for 
 and value of the material in a proper case. 
 
 ART. 126. Should it become necessaiy to open a quarry upon some 
 estate in order to use the stone produced in the works, after the neces- 
 sity of the extraction has been declared by the governor as prescribed 
 in article 123, the space which may be necessary^ shall be occupied and 
 the owner shall be paid only the amount which may be proper for the 
 occupation and the consequent losses and damages. In order that 
 payment may be made for the materials extracted from an estate the 
 owner must prove all that is prescribed in connection herewith by 
 article 61 of the law. 
 
 ART. 127. If at the period of the service of the notice made to the 
 owner of the necessity of stone from his lands for the execution of a 
 work quarries already opened should be found thereon, and which 
 were being worked prior to the said period, and the owner should 
 prove that he needs the products for his particular use, the value of 
 the material used shall be allowed, which value shall be appraised and 
 paid for according to means similar to those mentioned in article 124. 
 
 The value of the stone shall also be allowed if the working of the 
 quarries constitutes an industiy for its owner upon which be is paying 
 the proper tax, provided that these circumstances take place before 
 the notification of the necessity of the material. In such case the 
 owner of the quarry shall furnish the stone which may be necessary 
 
57 
 
 for the work, and he shall be paid per unit the amount agreed upon 
 between the parties, which shall not exceed the market price thereof. 
 
 ART. 128. If the owner of the quarry should not be able to furnish 
 the supplies for the works as they become necessary, the quarries shall 
 be worked on their account, the owner being allowed an indemnity, 
 which, in the absence of an agreement between the parties, shall be 
 fixed by experts appointed by the same. In case of disagreement 
 the governor shall decide after hearing the persons interested and the 
 professional officials whom he may consider proper. The order of the 
 governor shall be final, reserving the appeal to the proper minister, 
 whose resolution shall be definite. 
 
 AKT. 129. The appraisal referred to in the foregoing article shall 
 be made, taking into consideration 
 
 1. The market price of the stone of the quarry at the time of mak- 
 ing the project. 
 
 2. The profits on said price to the owner. 
 
 3. The condition of the quarry upon the conclusion of the service 
 with regard to its probable future product as well as with regard to 
 the conditions of the working thereof. 
 
 ART. 130. For the extraction of material required in the repair and 
 preservation of works which have been declared of public utility the 
 quarries producing the same may be expropriated in whole or in part 
 upon compliance with the steps and formalities prescribed in the law 
 and in these regulations for a permanent occupation. 
 
 ADDITIONAL ARTICLE. 
 
 The provisions contained in these regulations are applicable only to 
 civil works and constructions. Special instructions issued by the 
 respective ministers shall determine the manner of applying the pro- 
 visions of the law of eminent domain to military services and works 
 as well as in case of war and those pertaining to the naval service. 
 
 Madrid, June 13, 1879. Approved by His Majesty. C. Toreno. 
 
Il^DEX. 
 
 Accounting, application of the law, regulations and instructions, regulations, 60. 
 Agreements between the owner and the administration, law, 26, 59; regulations, 
 
 116, 117. 
 
 Agricultural experts, regulations, 32. 
 Appeals: 
 
 On the necessity of an occupation, law, 18, 19; regulations, 23, 24, 38, 86. 
 
 From a declaration of public utility, law, 14. 
 
 Which do not stay proceedings, regulations, 28. 
 
 From appraisals, law, 35; regulations, 54, 55, 56. 
 
 Against temporary occupations, regulations, 128. 
 Appraisal of real property expropriated: 
 
 Necessity thereof, etc. , law, 3. 
 
 How to be made, law, 22, 23. 
 
 Kules, law, 26-36; regulations, 30 et seq., 40-58. 
 
 Additions to, law, 42; regulations, 71. 
 
 Of estates for public roads, law, 49. 
 
 Of temporary occupations, law, 60. 
 
 Of quarries, regulations, 129. 
 Approval of projected works, regulations, 17. 
 Architects, regulations, 19, 20, 26, 29, 32, 87. 
 
 Ayuntamientos of large towns, law, 46, 51, 52; regulations, 11, 78, 91. 
 Bonds to be furnished by concessioners of works, regulations, 98. 
 Civil constructions, regulations, additional article, 57. 
 Concessions of works to companies or private individuals, law, 53; regulations, 94, 
 
 95-105. 
 
 Conditions, documents of, regulations, 98. 
 
 Contractors, subrogations to the rights of the administration, law, 9. 
 Contracts relating to public works, regulations, 93, 104. 
 Cost of surveying and proceedings, law, 25; regulations, 37, 44, 87. 
 Council of state, hearing of, regulations, 6, 83, 105. 
 Credentials for the study of works, law, 57; regulations, 110. 
 Damages caused by occupations, regulations, 111. 
 Declaration of public utility. See Utility. 
 Demolitions, regulations, 92, 93. 
 
 Deposit of the price of the indemnity, law, 29, 40, 59; regulations, 48, 68, 69, 90, 117, 
 120. 
 
 Required to take part at public sale, regulations, 98, 101, 103. 
 Easements and incumbrances which must be included in the expropriation, law, 50. 
 
 Exemption of urban property, law, 56. 
 
 Of light and view, regulations, 90. 
 
 59 
 
60 
 
 Experts: 
 
 Appointment, intervention, etc., law, 20-25, 26-31, 33; regulations, 29, 30, 41 et 
 seq. to 52. 
 
 In the remodeling of towns, regulations, 87 et seq. 
 
 For the appraisal of the cost of studies, regulations, 102 et seq. 
 
 For the appraisal of temporary occupations, regulations, 11, 119. 
 Expropriation, requisites necessary for, law, 3. 
 Extensions for the termination of works, regulations, 100. 
 Fees of experts, law, 25, 27; regulations, 44, 87. 
 Fertilizer to be paid for, law, 63. 
 
 Governors, powers, duties, and functions, law, 10, 16, 18, 19, 20, 30, 32, 40, 57; regu- 
 lations, 3, 4, 10, 11, 12, 14, 17, 20, 21, 22, 23, 25, 26, 29, 34, 37, 42, 44, 48, 50, 53, 59, 
 61, 64, 66, 67, 69, 82, 83, 86, 87, 112, 128. 
 Ground plans, regulations, 19, 20, 26, 27, 85. 
 Hearings on plans, law, 13; regulations, 3, 4, 8, 12, 16. 
 Illness of interested owners, regulations, 35. 
 Improvements, law, 25; regulations, 90. 
 Incumbrances. See Damages; Easements. 
 Industrial tax, law, 61. 
 
 Interest on appraisals, law, 29; regulations, 48. 
 Judge of district, intervention in appointment of experts, law, 30, 31; regulations, 
 
 49, 89. 
 
 Lease of estates, law, 61. 
 Losses. See Damages. 
 Material: 
 
 From estates and quarries, law, 61. 
 
 Extraction from ground temporarily occupied, regulations, 122, 123, 124, 125, 
 
 126, 127, 129. 
 
 Mayors: Functions: law, 16, 20, 37, 38, 39, 57, 63; regulations, 24, 31, 62, 64, 70, 86, 111. 
 Mining property, regulations, 32. 
 
 Minors or incapacitated persons, law, 6; regulations, 28, 86. 
 
 Monuments, historical and artistic, when commission to be heard, regulations, 83. 
 Municipal loans, law, 51; regulations, 105. 
 
 Necessity of occupation, law, 3, 14-25, 58; regulations, 19-39, 86, 114. 
 Newspapers, publication of projects, announcements, claims, objections, etc., law, 
 
 5, 13, 17, 35; regulations, 3, 10, 12, 14, 22, 25, 39, 42, 54, 55, 61, 82, 86. 
 Notices, administrative, law, 20; regulations, 62. 
 Official bulletin. See Newspapers. 
 
 Parcel or rural and urban estates, law, 44, 54; regulations, 73, 106. 
 Payment: 
 
 Delivery to person dispossessed, law, 3. 
 
 Rules to be observed, law, 37 et seq. ; regulations, 59, et seq. 
 
 When to be made, regulations, 43. 
 
 Other provisions, 116, 118. 
 Persons with whom expropriation proceedings are to be conducted, law, 5, 8; 
 
 nominal statements, etc.; law, 15-17; regulations, 20,21,26,27,85. 
 Plans of work, law, 46; regulations, 31, 79, CO, 87. 
 Possession, taking of, regulations, 70-76. 
 Proceedings, with whom to be conducted, law, 5. 
 Projects of works, law, 13; regulations, 2, 7, 8, 9, 10, 11, 15, 13. 
 Provincial deputations, intervention of, in expropriation proceedings, regulations, 7, 
 
 9, 10, 17. 
 Quarries, law, 62; regulations, 126-129. 
 
61 
 
 Registry of property, certificates, records, etc., law, 41; regulations, 22,32,50,65. 
 
 Reports on estates, law, 23; regulations, 36; 37. 
 
 Review of proceedings and resolutions, law, 35; regulations, 54. 
 
 Right of reversion when public work not executed, law, 43; regulations, 72, 92, 99, 106. 
 
 Right of tanteo in favor of the petitioners of urban works, regulations, 103. 
 
 Royal decree, declaration of public utility by, regulations, 6, 8, 83, 84. 
 
 Secretaries of ayuntamientos, regulations, 65. 
 
 Statements of appraisal, law, 26, 27, 28, 38, 41, 42, 43, 44, 45, 46, 52, 65, 88, 89. 
 
 Stone. See Material. 
 
 Studies of works, law, 55 and 57; regulations, 11, 102. 
 
 Summary proceedings, law, 4, 42. 
 
 Surveys of estates, law, 22 et seq. ; regulations, 29, 30. 
 
 Surveyors, regulations, 32. 
 
 Taxes, law, 8. 
 
 Temporary occupations, law, 55-63; regulations, 109-130. 
 
 Terms: 
 
 Within which to object to expropriation, law, 5. 
 
 For admission of evidence by the owner of the payment of taxes, law, 8. 
 
 Within which to object to works planned, law, 13, 17; regulations, 10, 12, 14. 
 
 To object to a declaration of public utility, regulations, 82. 
 
 To pass upon objections, law, 18. 
 
 To appeal, law, 19. 
 
 To designate experts, law, 20, 33, 35. 
 
 To accept or refuse the estimate of the administration, law, 26, 27. 
 
 To correct differences in statements of appraisal, law, 28. 
 
 To give notice of the statements of appraisal, law, 35; regulations, 42, 43, 57. 
 
 To submit others, regulations, 44. 
 
 To communicate the disagreement of the experts, regulations, 48. 
 
 For the appraisal of the third expert, law, 33. 
 
 To decide the appraisal, law, 34. 
 
 To appeal from appraisal, regulations, 54. 
 
 To decide said appeal, regulations, 55. 
 
 To exercise the right of reversion, law, 43. 
 
 To object against the necessity of the occupation, regulations, 23, 24, 38, 86. 
 
 To designate an attorney in fact, regulations, 39. 
 
 To prepare statements of persons interested, regulations, 27. 
 
 For the delivery of the price of the indemnity, regulations, 43, 68, 103. 
 Territorial tax, law, 32; regulations, 30. 
 Titles of ownership, law, 32. 
 Transfers of property, law, 7. 
 
 Urban property, exempted from temporary occupation and easement, law, 56; regu- 
 lations, 109. 
 
 Warrants for the payment of expropriations, regulations, 59, 60, 61, 67. 
 Works of public utility, law, 1, 2. 
 
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 UNIVERSITY OF CALIFORNIA LIBRARY