SENATE Floor Leader Corina L. Magofna on Wednesday prefiled Senate Bill 23-50, which would give homesteaders flexibility in complying with the requirements of the Department of Public Lands.
Under current law, DPL can waive the requirements of completing a single-family residential house if the homesteader can justify that s/he continues to maintain the assigned lot or if the building permit is denied due to lack of water, power and sewage system in the area.
S.B. 23-50 would prevent DPL from penalizing or burdening homesteaders if they meet the following conditions:
1) There exists reasonable justification that the homesteader has maintained the assigned lot in accordance with DPL requirements.
2) The homesteader proves that the area lacks fundamental utilities, such as water, power, or sewage systems, resulting in the denial of the building permit.
3) A significant investment, defined as a minimum of $10,000, has been made toward the development and enhancement of the homestead lot.
4) The completed dwelling structure suffers significant damage or destruction caused by natural disasters such as typhoons, rendering the dwelling uninhabitable.
According to the bill, upon the homesteader meeting the conditions stipulated in numbers 3 and 4, DPL shall issue a quitclaim deed to the homesteader, thereby transferring all its rights, title, and interest in the property, and releasing any claim by the government subject to applicable laws and regulations.
S.B. 23-50 states that active or current awardees or village homesteaders “often encounter challenges or barriers that prevent timely completion of requisite dwelling structures on awarded village homestead parcel or lots.”
These impediments may include, but are not limited to, the absence or lack of essential new home infrastructure, such as water, sewage or power; unforeseen economic impact due to inflation; diminished prosperity causing limited job opportunities, and other substantial economic hardships due to natural and man-made disasters experienced in past super typhoons and the Covid-19 pandemic.
The current provisions of the law “do not adequately account for these challenges, resulting in undue or unfair penalization of awardees or homesteaders…despite the lengthy homestead application and approval process, and their significant investments in physical labor and monetary or financial reserves,” the bill stated.
Many awardees/homesteaders “struggle or [are] outright unable to adhere [to] or comply with current homestead mandates or requirements,” the bill added.
Corina Magofna
