Guam Easement and Right of Way (For Electrical Transmission Lines — Long Form) is a legal document that grants the right to use a specific portion of land for the construction, operation, and maintenance of electrical transmission lines in Guam. This article will provide a detailed description of Guam Easement and Right of Way, including its significance, process, benefits, and types available. Guam, being an island territory of the United States, relies heavily on electricity for its industrial, commercial, and residential needs. To ensure the efficient distribution of electricity across the island, the construction of transmission lines becomes essential. However, since these transmission lines often cut across private properties, an easement and right of way agreement is required to acquire the necessary access and usage rights. Obtaining a Guam Easement and Right of Way for electrical transmission lines involves a comprehensive legal process. It begins with the identification of the specific area where the transmission lines will pass through. Once determined, negotiations between the electric utility company and property owners are initiated to reach an agreement regarding the terms and conditions of the easement. The Guam Easement and Right of Way agreement outline various important details. Firstly, it specifies the scope of permitted activities on the easement, including the installation and maintenance of transmission lines, poles, and related equipment. Additionally, it clarifies the allowable width and height of the easement along with any restrictions that may apply. Types of Guam Easement and Right of Way (For Electrical Transmission Lines): 1. Permanent Easement: This type of easement grants the electric utility company indefinite access and usage rights over the designated area for the transmission lines. It remains in effect until any modifications or terminations are explicitly agreed upon. 2. Temporary Easement: In certain cases, a temporary easement may be utilized when construction or maintenance work is required, but not on a permanent basis. This type of easement allows specific access rights for a predetermined period. 3. Exclusive Easement: In an exclusive easement, the electric utility company has the sole right to use the designated area for transmission lines. Other uses or construction activities are prohibited within the easement boundaries. 4. Non-Exclusive Easement: A non-exclusive easement allows the electric utility company to use the designated area for transmission lines while granting other parties the right to use the same area for different purposes, such as drainage or road access. Obtaining a Guam Easement and Right of Way (For Electrical Transmission Lines) has several benefits. Firstly, it enables the electric utility company to construct an efficient transmission infrastructure, ensuring a reliable electricity supply to the community. It also reduces the risk of private property disputes as the easement agreement clarifies the rights and responsibilities of both parties involved. In conclusion, a Guam Easement and Right of Way (For Electrical Transmission Lines — Long Form) is a crucial legal document that allows electric utility companies to access and use private properties for the construction, operation, and maintenance of electrical transmission lines. The agreement outlines the scope of activities, restrictions, and various types of easements available. By facilitating the development of transmission infrastructure, such easements contribute to a stable and reliable energy supply for Guam.
Guam Easement and Right of Way (For Electrical Transmission Lines - Long Form)
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First, the estate claiming the right of way must be surrounded by other immovable properties with no adequate outlet to a public highway. Second, the passage must be established at the point least prejudicial to the servient estate, and where the distance to a regular public road is shortest.
"National roads shall have a right of way of not less than twenty (20) meters, provided, that such minimum width may be reduced at the discretion of the Minister of Public Highways to fifteen (15) meters in highly urbanized areas and that a right of way of at least sixty (60) meters shall be reserved for roads ...
Criteria for Right of Way in the Philippines The Civil Code of the Philippines provides the criteria for an individual to claim a right of way: Isolated Property: The claimant's property must be surrounded by other properties with no adequate outlet to a public highway or road.
In general, only Filipino citizens and corporations or partnerships with least 60% of the shares are owned by Filipinos are entitled to own or acquire land in the Philippines subject to the following exceptions: acquired before the 1935 Philippine Constitution.
10752 (R.A. No. 10752) otherwise known as ?The Right-of-Way Act? was enacted to ensure that all persons whose real property is affected by national government infrastructure projects are promptly paid just compensation for the expeditious acquisition of the required right-of-way (ROW), site, or location.
The right of way claimed is at the point least prejudicial to the servient estate; and insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest (Art. 650).