Title
Railway concession and land use amendment
Law
Act No. 2373
Decision Date
Feb 28, 1914
The amendment to Act No. 1510 grants the Manila Railroad Company the right of way through public lands for the construction and operation of railway lines, including necessary facilities, with the approval of the Governor-General, subject to certain limitations and conditions.
A

Use of Materials from Public Lands

  • Allows opening and working of quarries and gravel pits on public lands with Governor-General's written approval.
  • Permits extraction of earth, stone, timber, and other materials from public lands for railway construction.
  • Restrictions: Applies only to public lands available for homestead settlement or sale under the Public Land Act, or to government timber lands.
  • Excludes lands designated for other public uses and friars' lands.

Rights Over Roads and Municipal or Provincial Lands

  • Manila Railroad Company may cross or occupy public roads, alleys, avenues, and squares with Governor-General's approval.
  • May acquire title to other municipal or provincial lands necessary for railway use.
  • Terms to be agreed upon with local authorities; failing agreement, terms shall be fixed by the Governor-General.
  • Upon franchise termination, lands or rights revert to the granting government.

Acquisition of Lands from Private Parties and by Condemnation

  • Company may acquire lands by purchase, contract, lease, grant, or donation from private or corporate owners.
  • Right to acquire by condemnation lands necessary for right of way, bridges, terminals (including wharves and docks), sidings, stations, and other railway facilities.
  • Restrictions on occupying lands in use for provincial, governmental, or municipal purposes without local authorities' consent or Governor-General's approval.
  • Condemnation rights to be exercised following Philippine laws in force.

Construction and Maintenance Rights

  • Authorization to build and maintain tracks (single or multiple), bridges, viaducts, culverts, fences, and related railway structures.
  • Permission to erect depots, station houses, engine houses, freight houses, machine shops, water tanks, turntables, elevators, warehouses, wharves, piers, and related facilities.
  • Right to build commercial establishments like hotels or restaurants at any station or terminal.

Extension of Provisions to Foreshore and Reclaimed Lands

  • Application of these rights extended to foreshore areas as defined by law and to land formed or reclaimed by dredging, filling, or other government means.
  • Does not apply if such lands are set aside for other public purposes.
  • Lands ceded hereunder are excluded from the scope of Act Numbered 1654 of the Philippine Commission.

Limitation and Approval by Governor-General

  • Governor-General determines the extent (land amount or right of way width) of land the company may acquire on foreshore or reclaimed lands.
  • All plans for structures and railway lines in such areas require Governor-General's approval before erection or construction.

Reversion of Land Rights

  • Rights or title to public lands granted under this law shall revert to the respective government upon franchise termination, revocation, or repeal.

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