REPUBLIC ACT No.

10752

AN ACT FACILITATING THE ACQUISITION OF RIGHT-OF-WAY SITE

OR LOCATION FOR NATIONAL GOVERNMENT INFRASTRUCTURE
PROJECTS

Be it enacted by the Senate and House of Representatives of the Philippines

in Congress assembled:

SECTION 1. Short Title. – This Act shall be known as “The Right-of-Way

Act”.

SECTION 2. Declaration of Policy. – Article III, Section 9 of the Constitution

states that private property shall not be taken for public use without just
compensation. Towards this end, the State shall ensure that owners of real
property acquired for national government infrastructure projects are
promptly paid just compensation for the expeditious acquisition of the
required right-of-way for the projects.

SECTION 3. National Government Projects. – As used in this Act, the term

“national government projects” shall refer to all national government
infrastructure projects and its public service facilities, engineering works and
service contracts, including projects undertaken by government-owned and -
controlled corporations, all projects covered by Republic Act No. 6957, as
amended by Republic Act No. 7718, otherwise known as the “Build-Operate-
and-Transfer Law”, and other related and necessary activities, such as site
acquisition, supply or installation of equipment and materials,
implementation, construction, completion, operation, maintenance,
improvement, repair and rehabilitation, regardless of the source of funding.
Subject to the provisions of Republic Act No. 7160, otherwise known as the
“Local Government Code of 1991”, local government units (LGUs) may also
adopt the provisions of this Act for use in the acquisition of right-of-way for
local government infrastructure projects.

SECTION 4. Modes of Acquiring Real Property. – The government may

acquire real property needed as right-of-way site or location for any national
government infrastructure project through donation, negotiated sale,
expropriation, or any other mode of acquisition as provided by law.

In case of lands granted through Commonwealth Act No. 141, as amended,

otherwise known as “The Public Land Act”, the implementing agency shall:

(a) Follow the other modes of acquisition enumerated in this Act, if the
landowner is not the original patent holder and any previous
acquisition of said land is not through a gratuitous title; or

(b) Follow the provisions under Commonwealth Act No. 141, as

amended, regarding acquisition of right-of-way on patent lands, if the
landowner is the original patent holder or the acquisition of the land
from the original patent holder is through a gratuitous title.

The implementing agency may utilize donation or similar mode of acquisition

if the landowner is a government-owned or government-controlled
corporation.
When it is necessary to build, construct, or install on the subsurface or
subterranean portion of private and government lands owned, occupied, or
leased by other persons, such infrastructure as subways, tunnels,
underpasses, waterways, floodways, or utility facilities as part of the
government’s infrastructure and development project, the government or
any of its authorized representatives shall not be prevented from entry into
and use of the subsurface or subterranean portions of such private and
government lands by surface owners or occupants, if such entry and use are
made more than fifty (50) meters from the surface.

SECTION 5. Rules on Negotiated Sale. – The implementing agency may

offer to acquire, through negotiate sale, the right-of-way site or location for
a national government infrastructure project, under the following rules.

(a) The implementing agency shall offer to the property owner

concerned, as compensation price, the sum of:

(1) The current market value of the land,

(2) The replacement cost of structures and improvements

therein; and

(3) The current market value of crops and trees therein.

To determine the appropriate price offer, the implementing agency

may engage the services of a government financial institution with
adequate experience in property appraisal, or an independent property
appraiser accredited by the Bangko Sentral ng Pilipinas (BSP) or a
professional association of appraisers recognized by the BSP to be
procured by the implementing under the provisions of Republic Act No.
9184, otherwise known as the “Government Procurement Reform Act”
and its implementing rules and regulations pertaining to consulting
services.

If the property owner does not accept the price offer, the
implementing agency shall initiate expropriation proceedings pursuant
to Section 6 hereof.

The property owner is given thirty (30) days to decide whether or not
to accept the offer as payment for his property. Upon refusal or failure
of the property owner to accept such offer or fails anchor refuses to
submit the documents necessary for payments, the implementing
agency shall immediately initiate expropriation proceedings as
provided in Section 6 herein.

(b) Subparagraph (a)(2) of Section 5 hereof shall also apply to all

owners of structures and improvements who do not have legally
recognized rights to the land, and who meet all of the following
criteria:

(1) Must be a Filipino citizen;

(2) Must not own any real property or any other housing facility,
whether in an urban or rural area; and
 (3) Must not be a professional squatter or a member of a
squatting syndicate, as defined in Republic Act No. 7279,
otherwise known as the “Urban Development and Housing Act of
1992”.

(c) With regard to the taxes and fees relative to the transfer of title of
the property to the Republic of the Philippines through negotiated sale,
the implementing agency shall pay, for the account of the seller, the
capital gains tax, as well as the documentary stamp tax, transfer tax
and registration fees, while the owner shall pay any unpaid real
property tax.

(d) If requested by the property owner, the implementing agency shall

remit to the LGU concerned the amount corresponding to any unpaid
real property tax, subject to the deduction of this amount from the
total negotiated price. Provided, however, That the said amount is not
more than the negotiated price.

(e) The property owner and the implementing agency shall execute a
deed of absolute sale: Provided, That the property owner has
submitted to the implementing agency the Transfer Certificate of Title,
Tax Declaration, Real Property Tax Certificate, and other documents
necessary to transfer the title to the Republic of the Philippines. The
implementing agency shall cause the annotation of the deed of
absolute sale on the Transfer Certificate of Title.

(f) Upon the execution of a deed of sale, the implementing agency

shall pay the property owner:

(1) Fifty percent (50%) of the negotiated price of the affected

land, exclusive of taxes remitted to the LGU concerned under
subparagraph (d) herein; and

(2) Seventy percent (70%) of the negotiated price of the

affected structures, improvements, crops and trees, exclusive of
unpaid taxes remitted to the LGU concerned under subparagraph
(d) herein.

(g) The implementing agency shall, at the times stated hereunder, pay
the property owner the remaining fifty percent (50%) of the
negotiated price of the affected land, and thirty percent (30%) of the
affected structures, improvements, crops and trees, exclusive of
unpaid taxes remitted to the LGU concerned under subparagraph (d)
herein: Provided, That the land is already completely cleared of
structures, improvements, crops and trees.

(1) At the time of the transfer of title in the name of the Republic
of the Philippines, in cases where the land is wholly affected; or

(2) At the time of the annotation of a deed of sale on the title, in

cases where the land is partially affected.

The provisions of subparagraph (a) herein shall also apply to outstanding

claims for right-of-way payments, except that the amount to be offered shah
be the price at the time of taking of the property, including legal interest
until fully paid.

SECTION 6. Guidelines for Expropriation Proceedings. – Whenever it is

necessary to acquire real property for the right-of-way site or location for
any national government infrastructure through expropriation, the
appropriate implementing agency, through the Office of the Solicitor
General, the Office of the Government Corporate Counsel, or their deputize
government or private legal counsel, shall immediately initiate the
expropriation proceedings before the proper court under the following
guidelines:

(a) Upon the filing of the complaint or at any time thereafter, and after
due notice to the defendant, the implementing agency shall
immediately deposit to the court in favor of the owner the amount
equivalent to the sum of:

(1) One hundred percent (100%) of the value of the land based
on the current relevant zonal valuation of the Bureau of Internal
Revenue (BIR) issued not more than three (3) years prior to the
filing of the expropriation complaint subject to subparagraph (c)
of this section;

(2) The replacement cost at current market value of the

improvements and structures as determined by:

(i) The implementing agency;

(ii) A government financial institution with adequate

experience in property appraisal; and

(iii) An independent property appraiser accredited by the

BSP.

(3) The current market value of crops and trees located within
the property as determined by a government financial institution
or an independent property appraiser to be selected as indicated
in subparagraph (a) of Section 5 hereof.

Upon compliance with the guidelines abovementioned, the court shall

immediately issue to the implementing agency an order to take
possession of the property and start the implementation of the project.

If, within seven (7) working days after the deposit to the court of the
amount equivalent to the sum under subparagraphs (a)(1) to (a)(3) of
this section, the court has not issued to the implementing agency a
writ of possession for the affected property, the counsel of the
implementing agency shall immediately seek from the court the
issuance of the writ of possession. The court shall issue the writ of
possession ex parte; no hearing shall be required.

The court shall release the amount to the owner upon presentation of
sufficient proofs of ownership.
(b) In case the owner of the property cannot be found, if unknown, or
deceased in cases where the estate has not been settled, after
exerting due diligence, or there are conflicting claims over the
ownership of the property and improvements and structures thereon,
the implementing agency shall deposit the amount equivalent to the
sum under subparagraphs (a)(1) to (a)(3) of this section to the court
for the benefit of the person to be adjudged in the same proceeding as
entitled thereto.

Upon compliance with the guidelines abovementioned, the court shall

immediately issue to the implementing agency an order to take
possession of the property and start the implementation of the project.

If, within seven (7) working days after the deposit to the court of the
amount equivalent to the sum under subparagraphs (a)(1) to (a)(3) of
this section, the court has not issued to the implementing agency a
writ of possession for the affected property, counsel of the
implementing agency shall immediately seek from the court the
issuance of the writ of possession.

The court shall release the amount to the person adjudged same
expropriation proceeding as entitled thereto.1awp++i1

(c) In provinces, cities, municipalities, and other areas where there is

no land classification, the city or municipal assessor is hereby
mandated, within the period of sixty (60) days from the date of filing
of the expropriation case, to come up with the required land
classification and the corresponding declaration of real property and
improvement for the area. In provinces, cities, municipalities, and
other areas where there is no zonal valuation, or where the current
zonal valuation has been in force for more than three (3) years, the
BIR is mandated, within the period of sixty (60) days from the date of
filing of the expropriation case, to conduct a zonal valuation of the
area, based on the land classification done by the city or municipal
assessor.

(d) With reference to subparagraph (a)( 1) of this section, in case the

completion of a government infrastructure project is of utmost urgency
and importance, and there is no land classification or no existing zonal
valuation of the area concerned or the zonal valuation has been in
force for more than three (3) years, the implementing agency shall
use the BIR zonal value and land classification of similar lands within
the adjacent vicinity as the basis for the valuation.

(e) In any of the cases in subparagraphs (a) to (d) of this section,

upon its receipt of the writ of possession issued by the court, the
implementing agency may take possession of the property and start
the implementation of the project.

(f) In the event that the owner of the property contests the
implementing agency’s proffered value, the court shall determine the
just compensation to be paid the owner within sixty (60) days from
the date of filing of the expropriation case. When the decision of the
court becomes final and executory, the implementing agency shall pay
 the owner the difference between the amount already paid and the
just compensation as determined by the court.

(g) With regard to the taxes and fees relative to the transfer of title of
the property to the Republic of the Philippines through expropriation
proceedings, the implementing agency shall pay the documentary
stamp tax, transfer tax and registration fees, while the owner shall pay
the capital gains tax and any unpaid real property tax.

SECTION 7. Standards for the Assessment of the Value of the Property

Subject to Negotiated Sale. – In order to facilitate the determination of the
market value of the property, the following relevant standards shall be
observed:

(a) The classification and use for which the property is suited;

(b) The development cost for improving the land,

(c) The value declared by the owners;

(d) The current selling price of similar lands in the vicinity,

(e) The reasonable disturbance compensation for the removal and

demolition of certain improvements on the land and for the value of
improvements thereon;

(f) The size, shape or location, tax declaration and zonal valuation of
the land;

(g) The price of the land as manifested in the ocular findings, oral as
well as documentary evidence presented; and

(h) Such facts and events as to enable the affected property owners to
have sufficient funds to acquire similarly situated lands of approximate
areas as those required from them by the government, and thereby
rehabilitate themselves as early as possible.

The implementing rules and regulations (IRR) to be prepared under Section

13 hereof shall include, among other things, the terms of reference which
shall be used by the government financial institutions and independent
property appraisers in the determination of the market value of the land.
The terms of reference shall define in detail the standards stated herein.

SECTION 8. Ecological and Environmental Concerns. – In cases involving

the acquisition of right-of-way site or location for any national government
infrastructure project, the implementing agency shall take into account the
ecological and environmental impact of the project. Before any national
government project could be undertaken, the implementing agency shall
consider environmental laws, land-use ordinances, and all pertinent
provisions of Republic Act No. 7160.

SECTION 9. Relocation of Informal Settlers. – The government, through the

Housing and Urban Development Coordinating Council (HUDGC) and the
National Housing Authority (NHA), in coordination with the LGUs and
implementing agencies concerned, shall establish and develop resettlement
sites for informal settlers, including the provision of adequate basic services
and community facilities, in anticipation of informal settlers that have to be
removed from the right-of-way site or location of future infrastructure
projects, pursuant to the provisions of Republic Act No. 7279, otherwise
known as the “Urban Development and Housing Act of 1992”. Whenever
applicable, the concerned LGUs shall provide and administer the
resettlement sites.

In case the expropriated land is occupied by informal settlers who refuse or

are unable to demolish their structures and other improvements therein
despite the writ of possession issued by the court under Section 6 hereof,
the court shall issue the necessary writ of demolition for the purpose of
dismantling any and all structures found within the subject property. The
implementing agency shall take into account and observe diligently the
procedure provided for in Sections 28 and 29 of Republic Act No. 7279.

SECTION 10. Appropriations for Acquisition of Right-Of-Way Site or

Location for National Government Infrastructure Projects in Advance of
Project Implementation. – The government shall provide adequate
appropriations that will allow the concerned implementing agencies to
acquire the required right-of-way site or location for national government
infrastructure projects in advance of project implementation. These
appropriations shall cover the funds needed to cover the following expenses
for activities directly related to right-of-way acquisition for the projects as
provided in this Act:

(a) Cost of parcellary surveys and appraisal of properties affected by

the projects;

(b) Compensation for the project-affected land, structures,

improvements, crops and trees;

(c) Cost of development and implementation of resettlement projects

covered by this Act, including planning, social preparation, and other
activities under the resettlement action plan; and

(d) Related expenses of the implementing agency, including capital

gains tax in the case of negotiated sale under Section 5 hereof
documentary stamp tax, transfer tax and registration fees for the
transfer of titles, and other relevant administrative expenses for right-
of-way management.

In public-private-partnership (PPP) projects, the modalities of which are

defined in Republic Act No. 6957 as amended by Republic Act No. 7718, the
implementing agency may, as part of the contract terms and conditions,
require the project proponent to:

(1) Advance the funds covering the cost of the right-of-way which shall
be reimbursed later by the implementing agency, except for
unsolicited proposals; or
 (2) Finance the right-of-way cost which shah be recovered partly or
fully by the proponent from the tolls, fees, or tariffs to be charged to
the users of the completed project.

SECTION 11. Regulation of Developments Within Declared Right-of-Way. –

Upon the approval of an infrastructure project by the head of the
implementing agency concerned, with funding authorized in the General
Appropriations Act and with defined right-of-way, no national government
agency or LGU shall, within two (2) years from date of notice of taking, allow
any development or construction, or issue any building, construction,
development, or business permit, which is contrary to the approved plans
and purposes of the project, within the right-of-way, unless explicitly
authorized by the head of the implementing agency for justifiable reasons.

SECTION 12. Sanctions. – Violation of any provision of this Act shall subject

the government official or employee concerned to appropriate
administrative, civil, or criminal sanctions, including suspension or dismissal
from the government service and forfeiture of benefits in accordance with
the provisions of the law.

SECTION 13. Implementing Rules and Regulations (IRR). – A committee

shall prepare, in consultation with key stakeholders, the IKE.1âwphi1 for the
proper implementation of this Act within sixty (60) days from its approval.

The committee shall be composed of the following officials or their duly

designated representatives:

(a) The Secretary of the Department of Public Works and Highways as

Chairperson;

(b) The Secretary of the Department of Transportation and

Communications as member;

(c) The Secretary of the Department of Energy as member;

(d) The Secretary of the Department of Justice as member;

(e) The Secretary of the Department of Budget and Management as

member;

(f) The Director General of the National Economic and Development

Authority as member;

(g) The Chairperson of the HUDCC as member; and

(h) Other representatives of concerned entities as determined by the

committee as members.

SECTION 14. Transitory Clause. – The provisions of this Act shall apply to

all right-of-way transactions, except ongoing transactions which, as of the
effectivity of this Act, have been concluded satisfactorily by the parties
concerned and who have signed a written agreement as to the price to be
paid to the property owner.
SECTION 15. Separability Clause. – If any provision of this Act is declared
unconstitutional or invalid, other parts or provisions hereof not affected
thereby shall continue to be in full force and effect.

SECTION 16. Repealing Clause. – Republic Act No. 8974 is hereby repealed

and all other laws, decrees, orders, rules and regulations or parts thereof
inconsistent with this Act are hereby repealed or amended accordingly.

SECTION 17. Effectivity. – This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.
 RULE 67

Expropriation

Section 1. The complaint. — The right of eminent domain shall be exercised

by the filing of a verified complaint which shall state with certainty the right
and purpose of expropriation, describe the real or personal property sought
to be expropriated, and join as defendants all persons owning or claiming to
own, or occupying, any part thereof or interest therein, showing, so far as
practicable, the separate interest of each defendant. If the title to any
property sought to be expropriated appears to be in the Republic of the
Philippines, although occupied by private individuals, or if the title is
otherwise obscure or doubtful so that the plaintiff cannot with accuracy or
certainty specify who are the real owners, averment to that effect shall be
made in the complaint. (1a)

Section 2. Entry of plaintiff upon depositing value with authorized

government depositary. — Upon the filing of the complaint or at any time
thereafter and after due notice to the defendant, the plaintiff shall have the
right to take or enter upon the possession of the real property involved if he
deposits with the authorized government depositary an amount equivalent to
the assessed value of the property for purposes of taxation to be held by
such bank subject to the orders of the court. Such deposit shall be in money,
unless in lieu thereof the court authorizes the deposit of a certificate of
deposit of a government bank of the Republic of the Philippines payable on
demand to the authorized government depositary.

If personal property is involved, its value shall be provisionally ascertained

and the amount to be deposited shall be promptly fixed by the court.

After such deposit is made the court shall order the sheriff or other proper
officer to forthwith place the plaintiff in possession of the property involved
and promptly submit a report thereof to the court with service of copies to
the parties. (2a)

Section 3. Defenses and objections. — If a defendant has no objection or

defense to the action or the taking of his property, he may file and serve a
notice of appearance and a manifestation to that effect, specifically
designating or identifying the property in which he claims to be interested,
within the time stated in the summons. Thereafter, he shall be entitled to
notice of all proceedings affecting the same.

If a defendant has any objection to the filing of or the allegations in the

complaint, or any objection or defense to the taking of his property, he shall
serve his answer within the time stated in the summons. The answer shall
specifically designate or identify the property in which he claims to have an
interest, state the nature and extent of the interest claimed, and adduce all
his objections and defenses to the taking of his property. No counterclaim,
cross-claim or third-party complaint shall be alleged or allowed in the answer
or any subsequent pleading.
A defendant waives all defenses and objections not so alleged but the court,
in the interest of justice, may permit amendments to the answer to be made
not later than ten (10) days from the filing thereof. However, at the trial of
the issue of just compensation whether or not a defendant has previously
appeared or answered, he may present evidence as to the amount of the
compensation to be paid for his property, and he may share in the
distribution of the award. (n)

Section 4. Order of expropriation. — If the objections to and the defenses

against the right of the plaintiff to expropriate the property are overruled, or
when no party appears to defend as required by this Rule, the court may
issue an order of expropriation declaring that the plaintiff has a lawful right
to take the property sought to be expropriated, for the public use or purpose
described in the complaint, upon the payment of just compensation to be
determined as of the date of the taking of the property or the filing of the
complaint, whichever came first.

A final order sustaining the right to expropriate the property may be

appealed by any party aggrieved thereby. Such appeal, however, shall not
prevent the court from determining the just compensation to be paid.

After the rendition of such an order, the plaintiff shall not be permitted to
dismiss or discontinue the proceeding except on such terms as the court
deems just and equitable. (4a)

Section 5. Ascertainment of compensation. — Upon the rendition of the

order of expropriation, the court shall appoint not more than three (3)
competent and disinterested persons as commissioners to ascertain and
report to the court the just compensation for the property sought to be
taken. The order of appointment shall designate the time and place of the
first session of the hearing to be held by the commissioners and specify the
time within which their report shall be submitted to the court.

Copies of the order shall be served on the parties. Objections to the

appointment of any of the commissioners shall be filed with the court within
ten (10) days from service, and shall be resolved within thirty (30) days
after all the commissioners shall have received copies of the objections. (5a)

Section 6. Proceedings by commissioners. — Before entering upon the

performance of their duties, the commissioners shall take and subscribe an
oath that they will faithfully perform their duties as commissioners, which
oath shall be filed in court with the other proceedings in the case. Evidence
may be introduced by either party before the commissioners who are
authorized to administer oaths on hearings before them, and the
commissioners shall, unless the parties consent to the contrary, after due
notice to the parties, to attend, view and examine the property sought to be
expropriated and its surroundings, and may measure the same, after which
either party may, by himself or counsel, argue the case. The commissioners
shall assess the consequential damages to the property not taken and
deduct from such consequential damages the consequential benefits to be
derived by the owner from the public use or purpose of the property taken,
the operation of its franchise by the corporation or the carrying on of the
business of the corporation or person taking the property. But in no case
shall the consequential benefits assessed exceed the consequential damages
assessed, or the owner be deprived of the actual value of his property so
taken. (6a)

Section 7. Report by commissioners and judgment thereupon. — The court

may order the commissioners to report when any particular portion of the
real estate shall have been passed upon by them, and may render judgment
upon such partial report, and direct the commissioners to proceed with their
work as to subsequent portions of the property sought to be expropriated,
and may from time to time so deal with such property. The commissioners
shall make a full and accurate report to the court of all their proceedings,
and such proceedings shall not be effectual until the court shall have
accepted their report and rendered judgment in accordance with their
recommendations. Except as otherwise expressly ordered by the court, such
report shall be filed within sixty (60) days from the date the commissioners
were notified of their appointment, which time may be extended in the
discretion of the court. Upon the filing of such report, the clerk of the court
shall serve copies thereof on all interested parties, with notice that they are
allowed ten (10) days within which to file objections to the findings of the
report, if they so desire. (7a)

Section 8. Action upon commissioners' report. — Upon the expiration of the

period of ten (10) days referred to in the preceding section, or even before
the expiration of such period but after all the interested parties have filed
their objections to the report or their statement of agreement therewith, the
court may, after hearing, accept the report and render judgment in
accordance therewith, or, for cause shown, it may recommit the same to the
commissioners for further report of facts, or it may set aside the report and
appoint new commissioners; or it may accept the report in part and reject it
in part and it may make such order or render such judgment as shall secure
to the plaintiff the property essential to the exercise of his right of
expropriation, and to the defendant just compensation for the property so
taken. (8a)

Section 9. Uncertain ownership; conflicting claims. — If the ownership of

the property taken is uncertain, or there are conflicting claims to any part
thereof, the court may order any sum or sums awarded as compensation for
the property to be paid to the court for the benefit of the person adjudged in
the same proceeding to be entitled thereto. But the judgment shall require
the payment of the sum or sums awarded to either the defendant or the
court before the plaintiff can enter upon the property, or retain it for the
public use or purpose if entry has already been made. (9a)

Section 10. Rights of plaintiff after judgment and payment. — Upon

payment by the plaintiff to the defendant of the compensation fixed by the
judgment, with legal interest thereon from the taking of the possession of
the property, or after tender to him of the amount so fixed and payment of
the costs, the plaintiff shall have the right to enter upon the property
expropriated and to appropriate it for the public use or purpose defined in
the judgment, or to retain it should he have taken immediate possession
thereof under the provisions of section 2 hereof. If the defendant and his
counsel absent themselves from the court, or decline to receive the amount
tendered, the same shall be ordered to be deposited in court and such
deposit shall have the same effect as actual payment thereof to the
defendant or the person ultimately adjudged entitled thereto. (10a)
Section 11. Entry not delayed by appeal; effect of reversal. — The right of
the plaintiff to enter upon the property of the defendant and appropriate the
same for public use or purpose shall not be delayed by an appeal from the
judgment. But if the appellate court determines that plaintiff has no right of
expropriation, judgment shall be rendered ordering the Regional Trial Court
to forthwith enforce the restoration to the defendant of the possession of the
property, and to determine the damages which the defendant sustained and
may recover by reason of the possession taken by the plaintiff. (11a)

Section 12. Costs, by whom paid. — The fees of the commissioners shall be

taxed as a part of the costs of the proceedings. All costs, except those of
rival claimants litigating their claims, shall be paid by the plaintiff, unless an
appeal is taken by the owner of the property and the judgment is affirmed,
in which event the costs of the appeal shall be paid by the owner. (12a)

Section 13. Recording judgment, and its effect. — The judgment entered in

expropriation proceedings shall state definitely, by an adequate description,
the particular property or interest therein expropriated, and the nature of
the public use or purpose for which it is expropriated. When real estate is
expropriated, a certified copy of such judgment shall be recorded in the
registry of deeds of the place in which the property is situated, and its effect
shall be to vest in the plaintiff the title to the real estate so described for
such public use or purpose. (13a)

Section 14. Power of guardian in such proceedings. — The guardian or

guardian ad litem of a minor or of a person judicially declared to be
incompetent may, with the approval of the court first had, do and perform
on behalf of his ward any act, matter, or thing respecting the expropriation
for public use or purpose of property belonging to such minor or person
judicially declared to be incompetent, which such minor or person judicially
declared to be incompetent could do in such proceedings if he were of age or
competent. (14a)