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Showing 25–48 of 86 articles for “eminent domain”

Eminent Domain and Timely Filing: Protecting Landowner Rights to Just Compensation

The Supreme Court clarifies when landowners may still seek judicial determination of just compensation despite missing the 15-day filing period under agrarian reform laws.

Just Compensation in Eminent Domain: Balancing Judicial Discretion and Statutory Guidelines

The Supreme Court clarifies how courts must balance judicial discretion with statutory guidelines in determining just compensation for agrarian reform lands.

Just Compensation in Eminent Domain: Value at Time of Taking Plus Interest for Delay

Philippine Supreme Court clarifies that just compensation is based on fair market value at the time of taking, plus legal interest for delayed payment.

When Remand Limits Amendments: Damages in Expropriation Cases

Supreme Court rules on when courts may allow amended complaints after remand in eminent domain cases, protecting property owners' rights.

Just Compensation in Expropriation: Value at Time of Taking, Not Later

Philippine Supreme Court clarifies that just compensation in eminent domain is fixed at the time of taking, not years later.

Senior Citizen Discounts: Police Power vs. Eminent Domain in Business Regulations

The Supreme Court clarifies that the 20% senior citizen discount is a valid exercise of police power, not eminent domain, in Manila Memorial Park v. DSWD.

Courts, Not Legislators, Set Just Compensation in Philippine Eminent Domain Cases

Supreme Court rules statutory caps like NPC's 10% easement limit cannot override judicial determination of just compensation.

Eminent Domain vs Easement: Just Compensation for Transmission Lines in the Philippines

Philippine Supreme Court clarifies when transmission line projects require full just compensation rather than mere easement fees.

Expropriation for Socialized Housing: Balancing Public Need and Private Rights

Philippine Supreme Court ruling on City of Manila's failed expropriation for socialized housing, highlighting strict rules on eminent domain.

Eminent Domain: Public Use Prevails Over Private Business Interests in Expropriation

Supreme Court nullifies RTC orders denying expropriation of private lots for state university, reaffirming eminent domain for public use with just compensation.

Eminent Domain Just Compensation: Protecting Property Rights in the Philippines

Philippine Supreme Court ruling on just compensation for underground tunnel taking under eminent domain, protecting landowners' constitutional rights.

Expropriation Requires an Ordinance, Not Just a Resolution: Yusay v. Court of Appeals

Supreme Court clarifies that local governments must pass an ordinance, not a mere resolution, before exercising eminent domain under the Local Government Code.

Just Compensation in Eminent Domain: Valuing Property at the Time of Taking

Philippine Supreme Court ruling on how just compensation in expropriation is determined by the property's value and character at the time of taking.

Just Compensation in Eminent Domain: Ensuring Fair Market Value for Expropriated Property

Philippine Supreme Court clarifies how courts must determine just compensation in expropriation cases, requiring reliable evidence over speculation.

Eminent Domain and Just Compensation: Interest for Delayed Payment in Agrarian Reform

When government takes land for agrarian reform, just compensation must be paid without delay; otherwise, 12% interest accrues from taking until full payment.

Just Compensation in Agrarian Reform: Balancing Land Valuation and Judicial Discretion

Philippine Supreme Court clarifies just compensation in agrarian reform, balancing Land Bank valuations with judicial discretion in eminent domain cases.

Eminent Domain Revisited: When Expropriated Land Must Be Returned After Public Use Ceases

Philippine Supreme Court clarifies when former owners can reclaim expropriated property if the public purpose is abandoned or never pursued.

Eminent Domain and Just Compensation: Lessons from City of Iloilo v. Javellana

The Supreme Court clarifies when just compensation is reckoned in expropriation cases and penalizes the government for delayed payment.

Just Compensation and Timely Payment: Landowners' Rights in Eminent Domain

Apo Fruits v. Land Bank clarifies when interest and attorney's fees may be awarded in agrarian expropriation cases and why final judgments cannot be reopened.

Eminent Domain and Just Compensation: Protecting Property Rights in the Philippines

Learn how the Supreme Court protects property rights in eminent domain cases, and why just compensation must follow legal procedures.

Government Contracts and Eminent Domain: Scrutinizing Good Faith in Land Acquisition

Philippine Supreme Court clarifies that just compensation in agrarian reform must follow RA 6657 and DAR formulas, not market data alone.

Eminent Domain: Fair Initial Compensation Based on Property Classification

Supreme Court ruling on RA 8974: initial compensation in expropriation must match property classification, not actual use.

Eminent Domain Determining Just Compensation FOR Expropriated Land IN THE Philippines

Eminent Domain VS Easement Determining Just Compensation FOR Transmission Line Projects