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ACT NO. 2373 - AN ACT TO AMEND
PARAGRAPH TWO OF SECTION ONE OF ACT NUMBERED FIFTEEN HUNDRED AND TEN,
ENTITLED "AN ACT GRANTING TO THE MANILA RAILROAD COMPANY A CONCESSION
FOR A RAILWAY LINES IN THE ISLAND OF LUZON, AND PROVIDING IN RESPECT OF
PROCEEDINGS FOR CONDEMNATION OF LAND BY PUBLIC SERVICE CORPORATION,"
MAKING ITS PROVISIONS EXTENSIVE, WITH CERTAIN LIMITATIONS, TO THE
FORESHORE AND LAND RECLAIMED FROM THE SEA
Section 1.
"2.
"The grantee shall have the
right, with the approval of the Governor-General, to cross or occupy
such parts of public roads, alleys, avenues, and squares, and to
acquire title to such other municipal or provincial lands, as may be
necessary, on terms, to be agreed upon by the grantee and the proper
provincial or municipal authorities, as the case may be, and in case of
failure to agree upon the terms thereof, such terms shall be fixed by
the Governor-General.
"Lands or rights of use and occupation of lands granted under the fore
going provisions of this paragraph shall revert to the governments by
which they were respectively granted, upon the termination of this
franchise or concession, or upon its revocation or repeal.
"The grantee shall also have the right to acquire by condemnation the
lands necessary for the right of way, for bridges, for terminals,
including wharves and docks at harbor points and elsewhere, for
sidings, stations, engine houses, water stations, and other appropriate
buildings and structures for the proper and convenient construction,
operation, and maintenance of the lines of railway herein authorized;
but no lands within the boundaries of any province, city, town, or
municipality shall be occupied by the grantee if the same are in actual
use for provincial, governmental, or municipal purposes, nor shall any
land within the boundaries of any city, town, or municipality be so
occupied without the consent of the proper authorities of such city,
town, or municipality, unless the Governor-General shall consent to the
same. The right of condemnation or eminent domain shall be exercised by
the grantee in accordance with the laws of the Philippine Islands at
the time being in force.
'The grantee shall have the right
to construct and maintain for the operation of said railways and any
all tracks (single, double, or more), bridges, viaducts, culverts,
fences, and other structures; and all depots, station houses, engine
houses, car houses, freight houses, wood houses, and other buildings;
and all machine shops and other shops, water tanks, turntables,
superstructures, erections, and fixtures; and all elevators,
warehouses, wharves, piers, and other facilities — terminal or
otherwise — for operating said railroads, and also any hotels or
restaurants at any station or terminal.
'The provisions of this paragraph shall also be applied to the fore
shore, as defined by existing law, and to all public land and
Government land formed or reclaimed by the Government by dredging,
filling, or otherwise, unless such land has been used or set aside for
other public purposes; and the foreshore or other land hereby ceded to
the grantee shall be excluded from the effects of Act Numbered Sixteen
hundred and fifty-four of the Philippine Commission: And Provided
Further, That the Governor-General shall determine the amount of land
or the width of the right of way which the railroad company may acquire
under this Act for the right of way or other uses of the railway, as
defined in this paragraph, on the foreshore or on land reclaimed from
the sea and the plans for all structures to be erected and all lines to
be constructed under the provisions of this paragraph shall be subject
to the approval of the Governor-General."
ENACTED, February 28, 1914.
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Since 19.07.98.