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Florida A & M University Law Review

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Abstract

This article analyzes the problem of heirs’ property in Puerto Rico in three sections. Section I commences with the complexities related to Puerto Rico’s civil law system. Section I then bifurcates into Subsections A and B. Subsection A delves into colonial ties that continue to influence the political reality of Puerto Rico. Subsection B then identifies the main barriers to avoiding heirs’ property as informal land transfers, forced heirship, and conjugal partnerships.

Section II depicts how the current economic and housing crisis exposes the island to foreign threats. Section II also bifurcates into Subsections A and B. Subsection A unravels how hurricanes and the Federal Emergency Management Agency's shortcomings exacerbate the housing structure's faults. Subsection B criticizes the action taken by the Puerto Rican government to benefit foreign investors at the expense of the people through tax and immigration benefits. Section III presents a realistic multistep approach to protecting Puerto Rican property ownership. Furthermore, Section III seeks to empower Puerto Ricans to establish formal ownership of property interests using community land trusts and sustainable land development as the foundation for revitalizing the Puerto Rican economy. The article concludes by expressing the dire need to protect the island by reallocating power to the people.

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