IRR OF RA 10752 Flashcards
Right of Way Act of 2016
RA 10752
Regular modes of ROW acquisition under Section 4
- Donation
- Negotiated Sale
- Expropriation
Other Modes of ROW acquisition
- Commonwealth Act No. 141
- Exchange or Barter
- Easement of ROW
- Acquisition of subsurface ROW
- Other modes authorized by law
RA 10752 is declared on Section ____, Article ___ of the constitution
Section 9, Article 3
Any department, bureau, office, or agency of national government
Implementing agency (IA)
Refers to implementing rules and regulations for the act
Implementing rules and regulations (IRR)
Cost necessary to replace affected structure or improvement with similar asset based on current market priecs
Replacement cost
part of the entirety of the property, site, or location, with defined physical boundaries
ROW
The state has the sovereign and inherent ___________. It is the power of state to acquire private properties for public use
POWER OF EMINENT DOMAIN
Article ______ (Section ___) of constitution provides that private property shall not be taken for public use without just compensation
Article III (Bill of Rights), Section 9
2 Options for Resettlement
- Relocation
- Replacement Cost
This act mandates the provision of resettlement site, basic services and safeguards for the homeless and underprivileged citizens
RA 7279 (1992) or the URBAN DEVELOPMENT AND HOUSING ACT
RA 8371
INDIGENOUS PEOPLES’ RIGHT ACT (IPRA) OF 1997
Compensation prices under Negotiated Sale
- Land
- Structures
- Improvements
- Trees
Lot Appraisal
- Government Financial Institutions (Landbank)
- Independent Property Appraisers
Replacement Cost for Structures and Improvements
- Materials
- Equipment
- Labor
- Profit and Overhead
Amount paid to owner once deed of sale is signed
50% for land
70% for structures and improvements
Owner must accept or reject offer within _______
30 days
2 Important Documents in Negotiated Sale
- Proof of Ownership (Land Title)
- Proof of Possession (Tax)
Failed negotiation
Expropriation
Replacement Cost Requirements for Informal Settlers
- No legal rights
- Filipino citizens
- No other property
- Not professional squatters (RA 7279)
Properties that will affect 20% and above for ROW acquisition
Severely Affected
Properties that will affect less than 20% for ROW acquisition
Marginally Affected
minimum depth in acquisition of subsurface ROW
50m