In order to determine the encumbrance of lands, the following criteria shall be taken into account:
(a) That the encumbrance of the lands does not benefit the landowners in any way.
(b) The denial of all productive use in an area greater than twenty percent (20%) of the piece of land, taking into consideration the total area of the original piece of land, pursuant to the definition of encumbrance established by § 2924 of this title.
(c) The encumbrance on the property represents additional limitations to the development of the remainder of the original piece of land.
(d) That the intrinsic characteristics of the lands, such as floodability, topography, high agricultural productivity, capacity of the infrastructure and their zoning allow the proposed use or development.
(e) The nature of the public improvements which requires paralyzing the use of the land.
(f) Its priority within the public improvements program.
History —June 26, 1987, No. 46, p. 166, § 3.