Despite an ongoing debate on whether or not the Cebu Bus Rapid Transit (BRT) should push through, proponents have began moves to acquire land within areas affected by the project.
“We are beginning the land acquisition process already. We will send the first batch of ‘notices of taking with a final offer’. After 30 days, if there is no response or if they refuse the offer, expropriation proceedings start,” announced BRT project implementation unit (PIU) head Rafael Yap who met with Cebu City Hall’s Land Acquisition Committee on Tuesday.
Yap said the committee approved a total of P327,404,000 for the first batch of commercial land owners offered compensation for their properties which will be affected by the BRT construction.
The notices were sent out yesterday and will continue today.
Under Republic Act No. 10752 or the Right of Way Act, property owners affected by government infrastructure projects are given 30 days from receipt of the “notice of taking with final offer” to either accept or reject it.
The offers made by the BRT-PIU and the Cebu City Government were determined through market data approach, cost approach, and income approach said Yap.
City ordinance
The process began even as the Cebu City Council, on Tuesday, indefinitely deferred action on Councilor Joel Garganera’s proposed ordinance to identify the persons and properties affected by the BRT project.
The proposal also mandates a cutoff on affected owners to be qualified for compensation and also sets to impose a development moratorium within the BRT route.
Garganera said the proposed measure stemmed from complaints received by his office from some affected property owners who claimed that they were not included in the list finalized after surveys conducted by the BRT-PIU from May to December 2016.
Yap said they can continue with acquisition proceedings despite the non-passage of the ordinance as the only legal requirement in starting the acquisition process was a memorandum of agreement (MOA) between the Cebu City Government and the Department of Transportation (DOTr).
The MOA was entered into by Cebu City Mayor Tomas Osmeña and DOTr Secretary Arthur Tugade last December 28, 2016.
The BRT project entails acquisition of lots for the areas where the stations, terminals, and depot will be located.
There will be at least 25 BRT stations located along N. Bacalso Ave., Osmeña Blvd., Escario St., Archbishop Reyes Ave., Gov. Cuenco Ave., Barangays Bulacao and Talamban, and in the South Road Properties; while the three bus terminals will be at the Cebu South Coast Road, Gov. Cuenco Ave., and Archbiship Reyes Ave.
BRT opposition
Presidential Assistant for the Visayas, Michael Dino, in a hastily called press conference yesterday once again expressed his opposition to the BRT project.
“Why do you need the BRT? Why do you have to spend P16 billion?,” said Dino.
A segment of his 45-minute presscon came with a video presentation on why the proposal for a Light Rail Transit (LRT) would be the “best solution” to the problem.
The presentation cited BRT projects in Hanoi, New Delhi, and Jakarta as failures in solving worsening traffic conditions there.