Short answer. What's needed is that the property stop being intended for public use or public service. Article 422 provides that once property of public dominion is no longer intended for either purpose, it becomes part of the patrimonial property of the State, which the government can then deal with as an ordinary owner, including selling it.

What the law says

Property of public dominion, when no longer intended for public use or for public service, shall form part of the patrimonial property of the State.

Civil Code, Article 422 — Conversion to Patrimonial Property. Read the full provision →

The trigger: no longer intended for public use or service

Article 422 ties the conversion to a single condition — that the property is no longer intended for public use or for public service. Property of public dominion is what the government holds for the public's direct use or for running a public service; once that intended purpose is gone, the article shifts the property's classification, without requiring some separate formal act to make the reclassification take effect.

What patrimonial property means for the government's powers

Once property becomes part of the patrimonial property of the State under this rule, the government holds it in essentially the same way a private owner holds property — it is no longer restricted to public use, and the State can deal with it, sell it, lease it, or otherwise dispose of it in the ordinary exercise of ownership, rather than being confined to holding it in trust for public purposes only.

Why the change in intended use has to be real, not just declared

Article 422's language ties patrimonial status to the property no longer being intended for public use or service — meaning what matters is that dedication to a public purpose has genuinely ended, not merely that someone has said so. If the property is still, in fact, being used by the public or for a public service, calling it patrimonial does not change its actual character or make it available for the government to sell.

What this means for someone dealing with formerly public land

If you are looking at land that was once property of public dominion, whether it can now be validly sold or otherwise disposed of turns on whether that dedication to public use or public service has actually ended. Land still serving its original public purpose remains outside ordinary commerce even if it has been idle for some time, while land whose public purpose has genuinely ceased falls under Article 422's rule and becomes patrimonial property the State can convey like any other owner.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.