A group of San Juan residents has filed a court petition asking the Tribunal to declare void Ordinance Number 4 of the Municipality of San Juan, which seeks to privatize a parcel of land in the Escambrón area to use as a parking lot. The filing alleges the municipality lacks legal authority to dispose of the land because it lacks title, among multiple other defects.
The lawsuit states the municipality intends to segregate a parcel to create an enclaved lot within the Escambrón and, after the parking lot is built, would create a new independent parcel. In essence, the filing argues, this amounts to privatization. The petition stresses that the Escambrón land where the Municipality is promoting a parking lot is designated for outdoor recreation by deed and by law.
It also alleges that the Municipality of San Juan did not certify a demarcation (deslinde) of the maritime-terrestrial zone, so the true boundaries of the land are unknown and cannot be the Atlantic Ocean. Finally, the suit notes the land lies in a flood zone and a tsunami evacuation zone, and therefore the municipality has no authority to cede the land for the construction of permanent structures.