Title
Amending CA 141 Sec 112 on liens for airport, infrastructure
Law
Presidential Decree No. 1361
Decision Date
Apr 26, 1978
Presidential Decree No. 1361 allows the government to acquire right-of-way for public infrastructure projects, such as airports and highways, by imposing a lien on privately owned land, ensuring smooth construction and reducing costs.
A

Q&A (PRESIDENTIAL DECREE NO. 1361)

The decree further amends Section 112 of Commonwealth Act No. 141, regarding the rights of the government over lands, specifically concerning the right-of-way for public highways, railroads, airport runways, and government infrastructure projects.

The decree includes public highways, railroads, irrigation ditches, aqueducts, telegraph and telephone lines, airport runways, sites for terminal buildings and other government structures necessary for airport operation, and government buildings for Resident or Project Engineers for infrastructure projects.

It can extend up to sixty (60) meters in width for the specified public and government infrastructure projects.

Yes, owners are entitled to damages only for the improvements made on the property subject to the lien.

Yes, government officials or their representatives are authorized to take immediate possession of the property subject to the lien after due notice to the owners.

Ownership reverts immediately to the title holders once the airport or project buildings are abandoned or dismantled, but the property remains subject to the same lien for future improvements.

Yes, it applies to any public or quasi-public service or enterprise, including mining or forest concessionaires, that may reasonably require the use of the property for their business.

To address the refusals of landowners to recognize the construction of airport runways and government project buildings as part of the lien, which caused delays and increased costs in infrastructure projects.

All acts inconsistent with this decree are repealed or modified accordingly.


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