I have an interesting situation, where I'd like to get others thoughts. My recollection from this forum is that much of the power produced in Valencia at the geothermal plant is shipped to other locations that doesn't benefit the people of Dumaguete and the local area. Feel free to correct me if I'm wrong. The NGCP is looking to run a 138kV powerline through my right of way. They say it is to help prevent brownouts in the Dumaguete area, so good for Dumaguete. The are paying 2005 zonal values for a relatively small swath of land for the line to traverse through. They are also paying for existing fruit trees in that area that would need to be removed. I'm not adverse to it, but do think I'm getting a screwed a little. I recall the conversation about the trees at the end of the runway they couldn't trim and caused aircraft issues in Sibulan. I'm curious what you think my options are and if it's even worth trying to negotiate. They claim to have made their best and final. I assume a court battle would follow to claim eminent domain if I was to decline the offer.
Not saying I disagree with you suggestion, however, I'm curious what your reaction would be same if the power company decided to buy a 40m wide strip of land that went through the middle of your farm from corner to corner and they paid you 50 pesos per sqm for it. In addition, there were fruit trees that needed to be removed and your were reimbursed at marginal rates for the loss of fruit. I'm curious if there are other viable options other than to take the money and call it a day. Options that might give one more than 15% bargaining power. Even the government has to pay FMW these days, why should a private company not have to? It is important to take note of the noteworthy differences between the old right-of-way law (RA 8974) and the current Right-of-Way Act (RA 10752) of the Philippines which are: 1. Offer Price In terms of the offer price to buy one’s property such as a house and lot, that would be affected by government projects like road widening, the old right-of-way law authorizes a first offer with the zonal values as its basis. This is usually rejected hence, a second offer is done. Now, the market value of the property is the basis of the offer. Furthermore, market values could also utilize the appraisal report of an appraisal committee or of private appraisers as the basis for the market value. On the other hand, under the current right-of-way law, there is only one final offer to which the current market value is the basis. Governments apply the appraisal report of a government financial institution (GFI) such as the Land Bank of the Philippines or Development Bank of the Philippines, or of an independent property appraiser (IPA) that is recognized by the Bangko Sentral ng Pilipinas (BSP) as its basis for the offer. The use of a government financial institution and an independent property appraiser guarantees objectivity since these practices are consistent with global good practices. I definitely don't envy the power company having to do this with many land owners. However, if they didn't try to screw the land owners, I think it would be a lot easier.
You have to wonder who those trees were owned by. A political figure? A lawyer? Those kind get special treatment in the Philippines. Do you think you will get special treatment?
Maybe Teves? lol. It's been a while since I've seen anything on this forum. Did the trees ever get cut/trimmed? If public safety takes a back seat, you would think power lines would be a distant second. Nope, I would think you would have to leverage the legal system and become a nuisance. Keep in mind, I'm not trying to prevent it, just not be bent over and told to like it.
I had to deal with my 3 Barangay's and tried very hard not to have irrigation trench dug up running directly up the main Gut of my Farm. It is the only way to allow Rice Fields to flood encircling my area. I allowed it at no charge. It's progress. In the Philippines, better to roll with it. Not rolling with it, is not a lay-low position, It is more of a stand in the middle of a bloody highway. Of coarse there is another option. Pay out of pocket to re-route the power lines where you would prefer them to be even if it took 500 meters of power line and 3 days labor for 4 persons. Barter. Good luck.
Those two statements don't seem consistent with each other unless, you're saying they have not: Would it cause more harm than good to ask them, or pay an atty to ask them in writing, to provide the appraisal report that is the basis to their one final offer?
Does the land they want to use form the border of your property or does it go through your property and divide it ? If it divides it i think it will significantly reduce the value of your remaining lots.
I think you missed the part that these are high voltage 138kV powerlines. These are the main trunk lines. I suspect the cost do what you suggest might cost more than one of your farms.
The difference is the cut and paste of RA 10752 applies to government projects. This powerline project is being done by a private company. Technically the private company is using the Tax Declaration as the basis for obvious reasons. I don't know where their numbers come from, but they are clearly not based in reality. It seems odd that what good for the government isn't good for private industry. I reach out to an attorney, but never heard back. He could have retired for all I know or wasn't interested. The contract mentions something about a company document governing that. I asked for that out of curiosity but was told no.
