Acquisition of Lands and Transfer Thereof to the Government of the United States

November 30, 1928

ACT NO. 3447

AN ACT TO PROVIDE FOR THE ACQUISITION OF LANDS AND THE TRANSFER THEREOF TO THE GOVERNMENT OF THE UNITED STATES IN EXCHANGE OF LANDS KNOWN AS FORT SAN PEDRO AND WARWICK BARRACKS, CEBU, CEBU, AND FOR OTHER PURPOSES

Whereas the Government of the United States desires to acquire for military purposes certain tracts of land at Iloilo, Iloilo, and San Jose, Mindoro, offering to exchange for such tracts, and others which may be selected later, certain lands known as Fort San Pedro and Warwick Barracks, Cebu, needed by the Insular Government for public improvement purposes; Now, therefore:

SECTION 1. The Governor-General is hereby authorized to acquire, on behalf of the Government of the Philippine Islands, exercising if necessary the right of eminent domain, the following described parcels of land at this time, and such others as may hereafter be acquired under the provisions of section three hereof:

PARCEL NO. 1

Lot No. 1051 (Iloilo Cadastre B. L. Case No. 4), described as follows: Beginning at a point marked 1 on Plan No. 1719-680, which is S. 71º 01' E.-1030.71 meters from B. L. L. M. No. 1, Iloilo; thence N. 55º 24' E.-81.76 meters to point 2; thence N. 48º 49' W.-149.00 meters to point 3; thence N. 36º 10' E.-68.09 m. to point 4; thence N. 58º 11' E.-295.28 meters to point 5; thence S. 33º 40' E.-285.47 meters to point 6; thence S. 19º 45' W.-61.93 meters to point 7; thence S. 75º 58' E.-43.13 meters to point 8; thence S. 19º 45' W.-125.07 meters to point 9; thence S. 64º 15' W.-292.10 meters to point 10; thence N. 64º 15' W.-104.00 meters to point 11; thence N. 50º 28' W.-62.46 meters to point 12; thence N. 55º 25' E.-79.72 meters to point 13; thence N. 33º 35' W.- to the point of beginning. Containing an area of 158,600 sq. meters, or 39.19 acres, more or less.

PARCEL NO. 2

Beginning at a point marked E. on Plan No. 1723/686 which point is N. 3º 02' E.-396.95 meters from monument No. 10 San Jose Estate (a concrete block 6 x 8 x 30 ins. with the letters H. S. J. 10 engraved in its face and a nail in the top marking the point); thence N. 89º 25' W.-1278.70 meters to point F; thence N. 14º 41' W.-643.65 meters to point A; thence N. 70º 14' E.-777.06 meters to point B; thence N. 23º 50' E.-635.10 meters to point C; thence S. 66º 33' E.-566.68 meters to point D; thence S. 3º 02' W.-1255.16 meters to point E.- the point of beginning. Containing an area of 1,474,224 sq. meters, or 364.28 acres, more or less.

For the purpose of acquiring the parcels 1 and 2 above described in settlement of claims due the Government of the Philippine Islands against persons or corporations who have or may have an interest in such lands, authority is hereby granted to the Governor-General to acquire title to said lands in full or partial settlement of such claims; and upon such terms and conditions as the Governor-General may deem just and reasonable; and the Governor-General is further authorized to settle in whole or in part such claims or any of them in whole or in part in favor of the Government of the Philippine Islands in consideration for the transfer of title of said lands to said Government of the Philippine Islands. SHEIDC

SECTION 2. The Governor-General is hereby authorized to transfer to the Government of the United States by good and sufficient deed, or certificate of transfer the parcels 1 and 2 described in section one hereof in exchange of lands known as Fort San Pedro and Warwick Barracks, Cebu, Cebu.

SECTION 3. To fix the basis for exchange of properties as herein provided, the value of said properties referred to in the preamble to this Act as Fort San Pedro and Warwick Barracks, Cebu, and those referred to in section 1 hereof as parcels 1 and 2, located at Iloilo, Iloilo and San Jose, Mindoro, respectively, shall be determined by a Board of three appraisers, one to be appointed by the Governor-General, one to be appointed by the Commanding General, Philippine Department, and the third to be selected by the other two and the valuations fixed by said Board shall be final and conclusive for the purposes of this Act. Any excess found to be due to the United States by reason of said valuations thus fixed shall be considered as a standing credit in favor of the United States to be offset and discharged by future transfers by the Government of the Philippine Islands to the United States from time to time, of lands which may now be or may hereafter become the property of the Government of the Philippine Islands, exclusive, however, of any parts of the public domain subject to reservation by the President of the United States under the provisions of section nine of the Act of Congress approved August twenty-nine, nineteen hundred and sixteen, commonly known as the Jones Act. The availability for military purposes of land so to be transferred to the United States shall be determined by appropriate officials representing the Commanding General, Philippine Department, United States Army, and the Governor-General of the Philippine Islands, and the value of said lands shall be determined by a Board of three appraisers, one to be appointed by the Governor-General, one to be appointed by the Commanding General, Philippine Department, and the third to be selected by the other two and the valuation fixed by said Board shall be final and conclusive for the purposes of this Act.

SECTION 4. This Act shall take effect upon its approval.

Approved, November 30, 1928.