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Eminent Domain in Power Transmission

delegated power of eminent domain

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Jas Em Bej
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137 views1 page

Eminent Domain in Power Transmission

delegated power of eminent domain

Uploaded by

Jas Em Bej
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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RA 9511 Section 4. Right of Eminent Domain.

Subject to the limitations and procedures prescribed by law, the Grantee is authorized to exercise
the right of eminent domain insofar as it may be reasonably necessary for the construction,
expansion, and efficient maintenance and operation of the transmission system and grid and the
efficient operation and maintenance of the subtransmission systems which have not yet been
disposed by TRANSCO. The Grantee may acquire such private property as is actually necessary for
the realization of the purposes for which this franchise is granted: Provided, That the applicable law
on eminent domain shall be observed, particularly, the prerequisites of taking of possession and the
determination and payment of just compensation.

SSS : Status Quo Ante order

NGCPs delegated authority to exercise the right of eminent domain does not
automatically vest it with the power to acquire property already devoted to public
use, as this requires a specific grant from the national legislature, the government
counselsaid.

While property already devoted to public use is still subject to expropriation, this may
only be done directly by the national legislature or under a specific grant to exercise
such power. A mere general authority does not suffice

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