After reading, Prevention and Removal of Power Line Obstruction on Private Property, read also Prevention and Removal of Power Line Obstruction on Public Property
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Power lines refer to transmission lines constructed for the purpose of conveyance of electricity
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Power line obstruction refers to any hazardous activity or hazardous that endanger the continuance conveyance of electricity
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The owner or operator of power lines has the primary duty to remove power line obstructions
In a related article entitled “Prevention and Removal of Power Line Obstruction on Public Property”, it was mentioned that power lines refer to transmission of lines, sub-transmission, distribution lines, and generation dedicated point to point lines, and other connection assets including the poles and towers used to support the lines and other related facilities constructed or erected used for the purpose of conveyance of electricity.
These power lines which convey electricity may be obstructed by hazardous activities or hazardous improvements. In our previous article, we wrote about prevention and removing power line obstruction on a public property. This time, let us talk about prevention and removing power line obstruction on private property.
How may a power line obstruction on private property be prevented or removed?
The law says:
The owner or operator of power lines shall have the primary duty and responsibility to remove power line obstructions. In cases where the power line corridor is wholly or partially located within a private property, the property owner shall coordinate and assist the owner or operator of the power lines by facilitating the necessary access in order to perform the following acts:
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To conduct maintenance and inspection activities within the power line corridor;
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To conduct repair or restoration activities within the power line corridor;
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To conduct rimming, pruning, cutting, or clearing activities for tall growing plants within the power line corridor without securing prior clearance or permit from, but with due notice to, the Department of Environment and Natural Resources (DENR), Philippine Coconut Authority (PCA) in the case of coconut trees, the concerned local government units (LGUs), and other relevant government agencies;
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To remove, dismantle, or demolish hazardous improvements in accordance with the National Building Code of the Philippines provided that such may be carried out without prior clearance or permit from, but with due notice to the Department of Public Works and Highways (DPWH, Housing and Land Use Regulatory Board (HLURB), and the concerned LGUs;
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To stop, prevent, or prohibit the conduct of hazardous activities; and
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Perform other analogous acts or activities, which will cause the prevention and removal of any power line obstruction.
The property owner shall have the primary duty and responsibility to prevent power line obstructions and to inform the owner or operator of the power line of their existence. In the performance of these acts, the property owner shall be entitled to necessary assistance such as, but not limited to, education and information, and technical and manpower support from the owner or operator of power lines.
What if the property owner failed to perform his or her duty and responsibility in relation to prevention and removal of power line obstruction?
The law says:
In the event that the property owner fails to perform any duty and responsibility for the prevention and removal of power line obstruction, the owner or operator of the power lines shall have the right to access the power line corridor in order to undertake the acts necessary to prevent and remove the power line obstruction. This, however, is on the condition that the entry to the private property may only be effected after due notice to, and proper coordination with the property owner. Take note that the requirement of notice to the property owner may be dispensed with if the entry is to avert an imminent danger posed by a power line obstruction.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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