Section 10Sec./Art. 10

Appropriations for Acquisition of Right-Of-Way Site or Location for National Government Infrastructure Projects in Advance of Project Implementation. The government shall provide adequate appropriations that will allow the concerned implementing agencies to acquire the required right-of-way site or location for national government infrastructure projects in advance of project implementation. These appropriations shall cover the funds needed to cover the following expenses for activities directly related to right-of-way acquisition for the projects as provided in this Act:

(a) Cost of parcellary surveys and appraisal of properties affected by the projects;

(b) Compensation for the project-affected land, structures, improvements, crops and trees;

(c) Cost of development and implementation of resettlement projects covered by this Act, including planning, social preparation, and other activities under the resettlement action plan; and

(d) Related expenses of the implementing agency, including capital gains tax in the case of negotiated sale under Section 5 hereof documentary stamp tax, transfer tax and registration fees for the transfer of titles, and other relevant administrative expenses for right-of-way management.

In public-private-partnership (PPP) projects, the modalities of which are defined in Republic Act No. 6957 as amended by Republic Act No. 7718, the implementing agency may, as part of the contract terms and conditions, require the project proponent to:

(1) Advance the funds covering the cost of the right-of-way which shall be reimbursed later by the implementing agency, except for unsolicited proposals; or

(2) Finance the right-of-way cost which shah be recovered partly or fully by the proponent from the tolls, fees, or tariffs to be charged to the users of the completed project.