Right-of-way bill vetoed
Citing ambiguous provisions, Gov. Pedro P. Tenorio on Friday disapproved legislation that would have required landowners to grant a right-of-way or access to a public road on a landlocked property.
He said that while the bill is commendable, there are major several concerns that must be addressed, including absence of a government agency to implement the proposal as well as penalties for any violation.
Under the measure, the access would have been provided from private lands that have been subdivided and are offered for sale, lease or exchange.
At present, the chief of Lands and Survey is responsible in ensuring that roads and path are established for access when public lands are subdivided.
But HB 12-3 failed to specify who would be responsible for such a task when dealing with private lands, according to the governor.
Mr. Tenorio likewise stressed the need to clearly define the terms “right-of-way” and “reasonable access” in the legislation in order to avoid confusion and potential litigation.
“[S]hould the right-of-way, or reasonable access be wide enough for roads, paths, sewer, power and utility lines? Is the private land owner required by this bill to make accessible a portion of the private lands for public use, or is a private easement sufficient,” he asked lawmakers in his veto message.
“Does the easement run with the land or is it personal to the initial grantee? If the use is public, who should compensate the landowner, and how will the compensation be determined?
Also, all other transactions such as deeds of gift and inheritances are excluded from this bill,” added Mr. Tenorio.
The chief executive expressed concern the proposal could further discourage mortgage secured financing in the Commonwealth.
He prodded lawmakers to work a new draft of the bill with the Department of Lands and Natural Resources and the legal counsels so that his concerns will be addressed before signing it into law.
