final_presentation materials for linemen's trang_row
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NATIONAL GRIDCORPORATION OF THEPHILIPPINES
MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
RIGHT-OF-WAY NEGOTIATIONS
ANDVEGETATION MANAGEMENT
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
OUTLINE
RIGHT OF WAY (ROW)
LEGAL BASIS IN LAND AND LAND RIGHTSACQUISITION
DEFINITION OF TERMSKEY OBSERVATIONS PERTAINING TO RIGHT OF WAY
RIGHT OF WAY OF CLEARANCERIGHT OF WAY CLEARING
HAZARDOUS IMPROVEMENTSSTANDARD CLEARING WIDTHS
ROW NEGOTIATIONS PROCEDURES
FOOT PATROL REPORTDOCUMENTARY REQUIREMENTS OF IMPROVEMENTSROW LEGAL FORMSPUBLIC RELATIONS
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
Refers to the set standard of boundaryor limit for a particular transmission linedepending on its voltage level, wind
span, design wind velocity, configuration/type o transmission line structures, andminimum safety clearances as requiredby the Philippine Electrical Code.
RIGHT OF WAY (ROW)
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
LEGAL BASIS ON LAND AND LANDRIGHTS ACQUISITION
Substantive Laws:
- Constitution (Bill of Rights)
- Section 1, Art. III-due Process and Equal Protection
- Section 9, Art. III-Eminent Domain (JustCompensation
General and Special Laws:
- R.A. No. 6395 (NPC Charter)
- R.A. No. 8974 (Law on Acquisition of ROW, Site orLocation of Govt Project)
- Civil Code of the Philippines (esp. Book II PropertyOwnership and Possession and Easements
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
- Others-Local Govt Code, Water Code of thePhilippines
Administrative Orders and ExecutiveIssuances:- Executive Order No. 1035- Circular No. 98-11 (Documentary Requirements to
Support Payments of land, Land Rights,
Improvements and Resettlement/RelocationCompensation)
Executive Orders:- Executive Order No. 132, as amended (Procedure
in Acquisition of Private Property for Public Use andPurpose and Creating Appraisal Committee)
Others:- ROW Manual- Manual of Approvals
- Legal Opinions DOJ or OGC
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
HAZARDOUS IMPROVEMENT/S Refers toany improvement (crops, plants, & trees)which are outside/inside the right of wayof the transmission line but due to their
height or characteristics may adverselyaffect the line.
ORIGINAL/TRANSFER CERTIFICATE OF
TITLE - Document issued by the Registryof Deeds evidencing ownership of aproperty.
DEFINITION OF TERMS
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
CLAIMANT - One who claims or asserts
a right, demand or claim over an affectedproperty and/or improvements thereon.
CUTTING Cutting of tree trunks with
the intent to eliminate the treeEASEMENT An encumbrance imposed
upon immovable for the benefit ofanother immovable belonging to adifferent owner.
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
RIGHT OF WAY (ROW) An easement or
right given to the Company either by law,judicial order or by the landowner uponpayment of proper compensation to enterthe affected property, implement its power
transmission projects and/or conduct thenecessary maintenance/clearing activities.
TENANT - May refer to one who has the
temporary use and occupation ofagricultural land (agricultural tenant) ortenements belonging to another (houserenter).
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
EMINENT DOMAIN The right of thenation of the state, or of those towhom the power has been lawfullydelegated, to condemn privateproperty for public use, and to
appropriate the ownership andpossession of such property for suchuse, upon paying to the owner the
just compensation, to be ascertained
according to law.
EXPROPRIATION - Is the procedurefor enforcing the right of Eminent
Domain.
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
PRUNING Cutting of major treebranches.
PUBLIC DOMAIN Land owned directly bythe Republic of the Philippines and notsubject to private ownership.
PUBLIC LAND - Lands belonging to the
government which are subject to sale orother disposition.
ROW CORRIDOR - The standard of
boundary or limit defined for a particulartransmission line based on its voltagelevel, wind span, design velocity,configuration type of transmission line
structures and minimum safety clearances
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
TILLER - A person who is in actual
personal cultivation of the land, regardlessof whether such a person is a bona fidetenant or otherwise.
VEGETATION - Refers to all plantmaterials, growing or not, living or dead.
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
WHY THERE IS A NEED OF ARIGHT-OF-WAY IN TRANSMISSION
LINE?
This is to set a standard of aerial
clearance and/or distance for a HighVoltage Transmission Lines againstintroduction of vegetation, structureand other man made object which willthen be considered as hazardous forits operations & maintenance.
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
KEY OBSERVATIONS PERTAINING TORIGHT OF WAY
1.There is a wide range of vegetationmanagement practices and procedures;2.Very little uniformity in right of way practicessuch as ROW width, vertical line clearance,inspection frequency, minimum pruning distance
and standards used;3.From a grid reliability perspective, the ultimategoal is the elimination of preventable transmissionline outages due to vegetation;
4.Many transmission owners face obstacles ingetting 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.
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
Minimum Horizontal Distance from Centerof Structure (both sides) in meters
RIGHT OF WAY CLEARANCERIGHT OF WAY CLEARANCE
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
WHY ROW/VEGETATION
MANAGEMENT?
1.Vegetation can be managed easily.
2.Improve line reliability.3.Customer satisfaction.4.Save time/ earlydetection/restoration.
5.Less effort and cost.
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
RIGHT WAY OF CLEARING
We are a transmission company thatprovides reliable power services. It isimportant that these lines be kept clearof trees, other vegetations andobstructions to avoid any potential
disruption of power, thus avoid revenueloss for the Company/Cooperative.
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
HAZARDOUSHAZARDOUS
IMPROVEMENTSIMPROVEMENTS
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
STANDARD CLEARING WIDTHS
VOLTAGE LEVEL NGCP STANDARD WIDTH
69 KV 15 meters
115KV 30 meters138 KV 30 meters230 KV 40 meters
350 KV 50 meters500 KV 60 meters
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
ROW NEGOTIATIONS PROCEDURESROW NEGOTIATIONS PROCEDURES1.Secure ROW defects/Foot Patrol Report from
Line Foreman/Lineman2Verification 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
6.Double check the ownership of land and
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 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 payment11. Process the documents
12. Payment of the damaged or to be
damage hazardous improvements
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
FOOT PATROL REPORT
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
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, notarizedAffidavit of Ownership/ Undertaking with
Waiver of Rights/ Quit Claim.
If payment will be made to claimant other
DOCUMENTARY REQUIREMENTSDOCUMENTARY REQUIREMENTS
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
If landowner is unknown orlandowner does not want to
execute the required documents,Joint Affidavit of 2 adjoininglandowners or 2 elective Barangayofficials of the place where theproperty is located, attesting tothe ownership of theimprovements.For registered land, certified
photocopy of Land Title (OCT/TCT)For unregistered land:
a. Certified photocopy of TaxDeclaration
b. Notarized Affidavit of LandOwnership
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MINDANAO OPERATIONS ANDMAINTENANCE
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
PUBLIC RELATIONPUBLIC RELATION
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MINDANAO OPERATIONS AND MAINTENANCEDISTRICT 6 Southwestern Mindanao
A CLIENTA CLIENT
A client is the most important visitor
on our premises.
He is not dependent on us --- we aredependent on him. He is not an
outsider in our business --- he is a part
of it. We are not doing him a favor byserving him he is doing us a favor
by giving us the opportunity to do so.
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Thank You!Thank You!