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

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.

J " * ,** J ' a / j ., 4 * *

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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

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

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.

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

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-

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.

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

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

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.

SECTION V. INTERNAL IMPROVEMENTS IN LARGE TOWNS.

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

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

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

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.

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.

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.

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.

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.

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

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.

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

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-

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.

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

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

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.

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-

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.

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

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

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.

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.

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

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

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.

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.

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.

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

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.

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

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.

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

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.

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.

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.

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

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

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.

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.

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.

YC 34351

UNIVERSITY OF CALIFORNIA LIBRARY