State Powers: Eminent Domain
Posted by Admin | Posted in Philippine Constitution, Special Civil Actions | Posted on 16-07-2010
Tagged Under : due process, eminent domain, expropriation, just compensation, Private Property, public purpose, taking
The power of eminent domain involves the power and right of the state (through its government) to appropriate or take private property to be used for a public purpose. This process of taking is popularly known as expropriation. A compulsory sale to the government, it places a limitation on one’s property rights. That is why, before the government can validly take any private property, it must comply with strict legal requirements. This is in accord with the Constitution which says: “no person shall be deprived of property without due process of law”.pinoylegal
The following are the basic limitations on the exercise of this power:
1) It must be for a public purpose; www.pinoylegal.com
2) There must be a necessity for its exercise, which should be genuine and public in character; and
3) The owner of the private property must be paid just compensation.
But for local government units (province, city, municipality or barangay), the requirements are more specific.
1) There must be an ordinance enacted by the local legislative council authorizing the local chief executive, in behalf of the LGU, to pursue expropriation proceedings over a particular private property. pinoylegal
2) It is exercised for public purpose, use or welfare, or for the benefit of the poor and the landless.
3) There is payment of just compensation. www.pinoylegal.com
4) A valid and definite offer has been previously made to the owner but it was rejected.
5) It must be in accordance with RA 7279 (Urban Development and Housing Act of 1992), specifically:
a) Section 9: In the order of priority in the acquisition of land, privately-owned land ranks last.
b) Section 10: As to the modes of land acquisition, expropriation should be used only when other modes (joint venture agreement or negotiated purchase) have been exhausted.pinoylegal
I’m sharing a private property with 3 other siblings beside the river bank of San Juan. My grandmother acquired the land for 55 years already. The government is now installing metal sheets for flood control. NHA just posted a sticker that our area is in a danger zone. And that they need to take 3 meters from our property or we have to be evacuated from the place. Do they have the right to do that? Also, I was told that I won’t get any assistance from NHA because I am single. Please explain further my rights and my claim to such predicament. Thank you
TO MR. JOSEPH UY: Is the property titled? Because your title should mention an easement of 3 meters. That’s because there should be a reserved portion or open space of 3 meters wide along river banks in urban areas. It is for public purpose and it should be annotated in your certificate of title.
Since your place was declared to be a danger zone, the LGU has the right (actually a duty) to remove you from that place (or that 3 meter zone or easement). The Urban Development and Housing Act applies to “individuals and families”, it does not exclude single or unmarried people, so for as long as one is qualified (meaning you are poor and homeless), then they should give you assistance by relocating you or resettling in other safe places. But in your case, I assume that you have a bigger area and taking 3 meters from that will not necessarily make you homeless. You can still utilize the remaining portion of your property. If they want to evacuate you from the entire property, then they have to pay just compensation, because that will already be taking of private property.
To Admin. Good day…
I would like to ask your expert advise.
My parents have acquired a property 30++ years ago in a rural area, now became a city. This is my parents house. This is along a main road. Then last year – December, a notice was sent to my parents stating we need to evacuate part of our house because of a road widening project. Not just my parents’ house but our neighbors as well.
When i read the notice, it says that we have built our house illegally to a government property. It is like saying we are squatters.
We were actually given 2 months to evacuate. I’m preparing all the legal documents and titles because I know that for a expropriation to happen, there must be a binding agreement between the state and the private owner.
Am I doing the right thing? or am I missing some things?
Thank you very much…
Is there any point to oppose the eminent domain which is private property and the goverment want to take the lot in low price.. Do i have the right to ask and negotiate according to the present market which is commercial and industrial site.? Kindly help me
Who will pay for taxes, notary fees of private properties to be used by the government?because we are asked to shoulder those. is this he right and legal procedures? please help us. thank you.
please give us clear answer on this query. Are capital gain tax and notary fees applicable to victims of disturbance compensation?
thank you very much for your advise.
are capital gain tax applicable to parties Victims of disturbance compensation?
thank you for your advise
Can the governmental agency (city of Manila, in this case) force (or even offer) payment of future property taxes in lieu of cash money as just compensation, in an eminent domain case?
This is the actual case, after the city took 3 meters as easement along the water bank of my property.
Hi,
I would like seek legal advice on our case. We are renting this lot for more than 30 years and its has been our family home since then. Early last year, the owner no longer accept our rental payments and we resorted to depositing our monthly rentals with our LGU. This year, there was case filed against us for Recission of contract due to non payments.
Is there any way we could argue this case. We have been told by our a lawyer representing the HomeOwners that there is no way we can win the case against the landowner.
During the mediation process, the landowner, insinuated that he had already sold the property, but we do not have the evidence to prove so.
Questions.
How long is the expropriations process against the property.
Is there anyway we can file a counterclaim with the landowner.
Do we need a lawyer whenever there is a hearing on the case on the recision of lease contract.