The Puerto Rico Court of Appeals recently ruled on a significant case involving forced expropriation, impacting property owners and local municipalities. The court decided to reverse a lower court's order regarding the Municipio de Isabela's attempt to expropriate property owned by the Sucesión de Rufino Hernández RodrÃguez. This ruling, issued on June 22, 2026, clarifies the procedures municipalities must follow in expropriation cases.
The case arose when the Municipio de Isabela filed a lawsuit for forced expropriation against the Sucesión de Rufino Hernández RodrÃguez on October 3, 2025. The municipality sought to declare a property as a public nuisance under Ordinance No. 27, Series 2024-2025. The municipality included various documents, such as an administrative resolution and property evaluations, in its filing. However, the property owners did not respond to the lawsuit within the required time frame.
The lower court had scheduled a hearing for June 26, 2026, despite the lack of response from the property owners. The Municipio de Isabela argued that the lower court's decision to hold a hearing was incorrect, as the property owners had failed to appear or respond to the lawsuit. This led the municipality to seek a certiorari, a type of appeal, to review the lower court's actions.
The court ruled in favor of the Municipio de Isabela, stating that the lower court had erred by not recording the default of the property owners and scheduling a hearing. According to the court, "the celebration of a hearing within a summary forced expropriation process conflicts with our statutes." The judges on the panel included Candelaria Rosa, Adames Soto, and Campos Pérez. The ruling emphasized the need for the lower court to follow the proper procedures outlined in the Municipal Code of Puerto Rico.
The court's decision highlighted that when a municipality seeks to declare a property as a public nuisance, it must first establish that the property owners did not respond to notifications or failed to comply with orders. In this case, the court found that the lower court should have noted the default of the property owners and issued a judgment within five days, as required by Article 4.012A of the Municipal Code.
This ruling has significant implications for future expropriation cases in Puerto Rico. It reinforces the importance of adhering to procedural rules in forced expropriation cases and ensures that property owners are given proper notice and opportunity to respond. The decision also clarifies the responsibilities of lower courts in handling such cases, potentially impacting how municipalities approach expropriation in the future.
The ruling may set a precedent for similar cases, emphasizing the need for municipalities to follow established procedures when pursuing forced expropriation. It also serves as a reminder that property owners have rights and must be given a fair chance to defend their interests in court.
Looking ahead, it is unclear whether the Sucesión de Rufino Hernández RodrÃguez will appeal the ruling. The court has returned the case to the lower court to act according to the directives provided in the ruling. Details were not available in the court filing regarding any related cases or potential appeals.











