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STRENGTHENING THE RIGHT-OF-WAY LAW TO ACCELERATE INFRASTRUCTURE GROWTH


Although efforts in the executive, legislative, and judiciary have been exerted to address right-of-way (ROW) policy and implementation issues, it continues to be a major impediment to infrastructure development. This paper aims to surface the remaining critical issues in the government’s ROW acquisition activities which have partly contributed to the delays in the implementation of government infrastructure projects. The study shows that problems persist in the following areas namely (i) valuation, (ii) just compensation of informal settlers and indigenous peoples, (iii) the treatment of private utilities, and (iv) procurement of independent appraisers accredited by the Bangko Sentral ng Pilipinas (BSP), among others. Apart from amending RA 10752, other policy options include the creation of a special court for ROW cases, the establishment of a “Valuation Board”, and the institutionalization of a central ROW unit in government.


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