§747 — Title 48 Territories and Insular Possessions | U.S. Code

Summary

Gives the government of Puerto Rico control over property the United States got from Spain in the peace treaty of December 10, 1898. That includes bridges, road houses, water works, highways, non‑navigable streams and their beds, underground waters, mines and minerals under private land, harbor works (shores, docks, slips), reclaimed land, and public lands and buildings that the United States did not reserve for public use before March 2, 1917. Puerto Rico must manage these for the benefit of its people, and its legislature may pass laws about them within the usual limits on its powers. Control means the full ownership rights, title, legal authority, and the power to manage, lease, use, and develop the listed property.

Title 48, §747

Territories and Insular Possessions — Source: USLM XML via OLRC

All property which may have been acquired in Puerto Rico by the United States under the cession of Spain in the treaty of peace entered into on the 10th day of December 1898, in any public bridges, road houses, water powers, highways, unnavigable streams and the beds thereof, subterranean waters, mines or minerals under the surface of private lands, all property which at the time of the cession belonged, under the laws of Spain then in force, to the various harbor works boards of Puerto Rico, all the harbor shores, docks, slips, reclaimed lands, and all public lands and buildings not reserved by the United States for public purposes prior to March 2, 1917, is placed under the control of the government of Puerto Rico, to be administered for the benefit of the people of Puerto Rico; and the Legislature of Puerto Rico shall have authority, subject to the limitations imposed upon all its acts, to legislate with respect to all matters, as it may deem advisable. Notwithstanding any other provision of law, as used in this section “control” includes all right, title, and interest in and to and jurisdiction and authority over the aforesaid property and includes proprietary rights of ownership, and the rights of management, administration, leasing, use, and development of such property.

Notes & Related Subsidiaries

Editorial Notes

Codification Section is comprised of that part of section 7 of act Mar. 2, 1917, preceding the proviso clause. The remainder of section 7 is classified to section 748 of this title.

Prior Provisions

Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191, § 13, 31 Stat. 80.

Amendments

1980—Pub. L. 96–205 inserted provisions defining “control”.

Statutory Notes and Related Subsidiaries

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

§747 Public property transferred; “control” defined