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NATIONAL GRID CORPORATION OF THE PHILIPPINES

RIGHT-OF-WAY NEGOTIATIONS AND VEGETATION MANAGEMENT

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

OUTLINE
RIGHT OF WAY (ROW) LEGAL BASIS IN LAND AND LAND RIGHTS ACQUISITION DEFINITION OF TERMS KEY OBSERVATIONS PERTAINING TO RIGHT OF WAY RIGHT OF WAY OF CLEARANCE RIGHT OF WAY CLEARING HAZARDOUS IMPROVEMENTS STANDARD CLEARING WIDTHS ROW NEGOTIATIONS PROCEDURES FOOT PATROL REPORT DOCUMENTARY REQUIREMENTS OF IMPROVEMENTS ROW LEGAL FORMS PUBLIC RELATIONS
MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

RIGHT OF WAY (ROW)


Refers to the set standard of boundary or limit for a particular transmission line depending on its voltage level, wind span, design wind velocity, configuration/ type o transmission line structures, and minimum safety clearances as required by the Philippine Electrical Code.

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

LEGAL BASIS ON LAND AND LAND RIGHTS ACQUISITION


Substantive Laws: - Constitution (Bill of Rights) - Section 1, Art. III-due Process and Equal Protection
- Section 9, Art. III-Eminent Domain (Just Compensation

General and Special Laws:


- R.A. No. 6395 (NPC Charter) - R.A. No. 8974 (Law on Acquisition of ROW, Site or Location of Govt Project) - Civil Code of the Philippines (esp. Book II Property Ownership and Possession and Easements
MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

Others-Local Govt Code, Water Code of the Philippines

Administrative Issuances:

Orders

and

Executive

- Executive Order No. 1035 - Circular No. 98-11 (Documentary Requirements to Support Payments of land, Land Rights, Improvements and Resettlement/Relocation Compensation)

Executive Orders:
- Executive Order No. 132, as amended (Procedure in Acquisition of Private Property for Public Use and Purpose and Creating Appraisal Committee)

- ROW Manual - Manual of Approvals MINDANAO OPERATIONS AND MAINTENANCE - Legal Opinions DOJ or OGC
DISTRICT 6 Southwestern Mindanao

Others:

DEFINITION OF TERMS
HAZARDOUS IMPROVEMENT/S Refers to any improvement (crops, plants, & trees) which are outside/inside the right of way of the transmission line but due to their height or characteristics may adversely affect the line. ORIGINAL/TRANSFER CERTIFICATE OF TITLE - Document issued by the Registry of Deeds evidencing ownership of a property.
MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

CLAIMANT - One who claims or asserts a right, demand or claim over an affected property and/or improvements thereon. CUTTING Cutting of tree trunks with the intent to eliminate the tree EASEMENT An encumbrance imposed upon immovable for the benefit of another immovable belonging to a different owner.

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

RIGHT OF WAY (ROW) An easement or right given to the Company either by law, judicial order or by the landowner upon payment of proper compensation to enter the affected property, implement its power transmission projects and/or conduct the necessary maintenance/clearing activities. TENANT - May refer to one who has the temporary use and occupation of agricultural land (agricultural tenant) or tenements belonging to another (house renter).
MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

EMINENT DOMAIN The right of the nation of the state, or of those to whom the power has been lawfully delegated, to condemn private property for public use, and to appropriate the ownership and possession of such property for such use, upon paying to the owner the just compensation, to be ascertained according to law. EXPROPRIATION - Is the procedure for enforcing the right of Eminent Domain.
MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

PRUNING branches.

Cutting

of

major

tree

PUBLIC DOMAIN Land owned directly by the Republic of the Philippines and not subject to private ownership. PUBLIC LAND - Lands belonging to the government which are subject to sale or other disposition. ROW CORRIDOR - The standard of boundary or limit defined for a particular transmission line based on its voltage level, wind span, design velocity, configuration type of transmission line structures and minimum safety clearances
MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

TILLER - A person who is in actual personal cultivation of the land, regardless of whether such a person is a bona fide tenant or otherwise. VEGETATION - Refers to all plant materials, growing or not, living or dead.

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

WHY THERE IS A NEED OF A RIGHT-OF-WAY IN TRANSMISSION LINE?


This is to set a standard of aerial clearance and/or distance for a High Voltage Transmission Lines against introduction of vegetation, structure and other man made object which will then be considered as hazardous for its operations & maintenance.
MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

KEY OBSERVATIONS PERTAINING TO RIGHT OF WAY


1.There is a wide range of vegetation management practices and procedures; 2.Very little uniformity in right of way practices such as ROW width, vertical line clearance, inspection frequency, minimum pruning distance and standards used; 3.From a grid reliability perspective, the ultimate goal is the elimination of preventable transmission line outages due to vegetation; 4.Many transmission owners face obstacles in getting local permits to maintain the right of way; 5.Hesitant landowner/s; 6.Safety of utility workers and the public; 7.Reliability and availability of transmission lines. MINDANAO OPERATIONS AND MAINTENANCE
DISTRICT 6 Southwestern Mindanao

RIGHT OF WAY CLEARANCE


Minimum Horizontal Distance from Center of Structure (both sides) in meters

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

WHY ROW/VEGETATION MANAGEMENT?


1.Vegetation can be managed easily. 2.Improve line reliability. 3.Customer satisfaction. 4.Save time/ early detection/restoration. 5.Less effort and cost.

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

RIGHT WAY OF CLEARING


We are a transmission company that provides reliable power services. It is important that these lines be kept clear of trees, other vegetations and obstructions to avoid any potential disruption of power, thus avoid revenue loss for the Company/Cooperative.

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

HAZARDOUS IMPROVEMENTS

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

STANDARD CLEARING WIDTHS


VOLTAGE LEVEL NGCP STANDARD WIDTH

69 KV 115KV 138 KV 230 KV 350 KV 500 KV

15 30 30 40 50 60

meters meters meters meters meters meters

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

ROW NEGOTIATIONS PROCEDURES


1.Secure ROW defects/Foot Patrol Report from Line Foreman/Lineman 2Verification of hazardous improvements stated in ROW defects. Make an ocular inspection in the area 3.Identification of hazardous improvements/Counting of hazardous improvements. 4.Assess the valuation/price of identified hazardous improvements. 5.Verify Address and location of landowner
MINDANAO OPERATIONS ANDownership MAINTENANCE of land and 6.Double check the DISTRICT 6 Southwestern Mindanao

7. Locate the Landowner/owner of improvements 8. Explain to landowner/owner of improvements the purpose 9. Present the valuation of improvements 10. Explain to landowner/owner of improvements the row documents needed for payment 11. Process the documents 12. Payment of the damaged or to be
MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

damage hazardous improvements

FOOT PATROL REPORT

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

DOCUMENTARY REQUIREMENTS

Payment of Crops, Plants and Trees thru Negotiation (NGCP) Approved Report on Count of Improvements, i.e., crops, plants and trees duly acknowledged by the owner or his representative. If claimant is the landowner, notarized Affidavit of Ownership/ Undertaking with Waiver of Rights/ Quit Claim.
OPERATIONS AND MAINTENANCE IfMINDANAO payment will Mindanao be made to claimant other DISTRICT 6 Southwestern

If landowner is unknown or landowner does not want to execute the required documents, Joint Affidavit of 2 adjoining landowners or 2 elective Barangay officials of the place where the property is located, attesting to the ownership of the improvements. For registered land, certified photocopy of Land Title (OCT/TCT) For unregistered land: a. Certified photocopy of Tax Declaration b. Notarized Affidavit of Land MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao Ownership

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

MINDANAO OPERATIONS AND MAINTENANCE

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

PUBLIC RELATION

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

A CLIENT
A client is the most important visitor on our premises. He is not dependent on us --- we are dependent on him. He is not an outsider in our business --- he is a part of it. We are not doing him a favor by serving him he is doing us a favor by giving us the opportunity to do so.
MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

Thank You!

MINDANAO OPERATIONS AND MAINTENANCE DISTRICT 6 Southwestern Mindanao

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