Right-of-Way Acquisition for Gov't Projects

Ensures prompt and just compensation for private property owners when their land is acquired for national government infrastructure projects.
Upholds the constitutional provision that private property shall not be taken without just compensation.

Covers all national government infrastructure projects, public service facilities, engineering works, and service contracts.
Includes projects by government-owned and controlled corporations and projects under the Build-Operate-and-Transfer Law.
Encompasses related activities such as site acquisition, construction, operation, maintenance, and improvements.
Local Government Units (LGUs) may adopt this Act for local infrastructure projects subject to the Local Government Code.

Acquisition may be through donation, negotiated sale, expropriation, or other lawful means.
Special provisions apply to lands under the Public Land Act, differentiating original patent holders from other owners.
Donations or similar acquisitions can be made from government-owned or controlled corporations.
Government may access and use subsurface or subterranean portions of private lands for infrastructure more than 50 meters below surface.

Compensation offered shall include:
- Current market value of the land.
- Replacement cost of structures and improvements.
- Current market value of crops and trees.
Property valuation may be done by government financial institutions or accredited independent appraisers.
Property owners have 30 days to accept the offer; rejection or failure to respond leads to expropriation.
Special protections for certain occupants who do not own the land but meet specific criteria.
Government pays capital gains tax, documentary stamp tax, transfer tax, and registration fees; owners pay unpaid real property tax.
Deed of absolute sale must be executed including submission of necessary ownership and tax documents.
Partial payments are made upon deed execution, with balances paid upon property clearance and title transfer.

Initiated by implementing agency through legal counsel before the proper court.
Agency must deposit estimated value covering land, improvements, crops, and trees to the court.
Court issues writ of possession ex parte, allowing agency to take possession and proceed with project.
Procedures for cases where ownership is unknown, contested, or deceased owners.
City or municipal assessor and BIR must provide land classification and zonal valuation within 60 days if not existing or outdated.
Courts determine just compensation within 60 days if contested; differences paid after final decision.
Implementing agency bears documentary taxes; owner pays capital gains tax and unpaid real property tax.

Factors include:
- Property classification and suitable use.
- Development cost for improvements.
- Owner’s declared value.
- Selling price of similar lands nearby.
- Disturbance compensation for removal of improvements.
- Land size, shape, location, tax declaration, and zonal valuation.
- Evidence such as ocular findings and documents.
- Ensuring owners can acquire similar property and rehabilitate themselves.
Implementing rules will define detailed valuation standards and terms of reference for appraisers.

Implementing agencies must consider ecological and environmental impacts.
Compliance with environmental laws and land-use ordinances required before project implementation.

Government agencies (HUDCC, NHA) and LGUs coordinate to develop resettlement sites with necessary services.
LGUs administer resettlement when applicable.
Courts may issue writs of demolition if informal settlers refuse or fail to clear expropriated lands.
Procedures under the Urban Development and Housing Act must be observed.

Government must allocate funds in advance for acquisition expenses including surveys, appraisals, compensation, resettlement development, and administrative costs.
In Public-Private Partnership (PPP) projects, proponents may advance or finance right-of-way costs with reimbursement or recovery mechanisms.

No development or issuance of permits contrary to project plans within right-of-way allowed for two years from notice of taking, unless authorized by implementing agency head.

Violations subject officials and employees to administrative, civil, or criminal penalties including suspension or dismissal and forfeiture of benefits.

A committee chaired by the Secretary of Public Works and Highways, including key government officials, shall prepare IRR within 60 days of the Act’s approval.

The Act applies to all right-of-way transactions except those already satisfactorily concluded with signed agreements before its effectivity.

If any provision is declared unconstitutional or invalid, other provisions remain in force.

Repeals Republic Act No. 8974 and other inconsistent laws, decrees, rules, or regulations.

The Act takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.