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Showing 73–96 of 155 articles for “expropriation”

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.

Consequential Damages in Partial Expropriation: What Property Owners Should Know

Learn when Philippine courts award consequential damages for buildings not actually taken in partial expropriation, citing Republic v. BPI.

Res Judicata Bars NHA From Relitigating Bad Faith in Land Expropriation Case

The Supreme Court rules that conclusiveness of judgment prevents the NHA from re-arguing ownership and bad faith issues already settled in prior final cases.

Substantial Compliance in Appointing Commissioners for Just Compensation

The Supreme Court clarifies when appointing a committee instead of individual commissioners in expropriation cases amounts to substantial compliance with Rule 67.

Delayed Justice Determining Fair Compensation FOR Government Land Seizure

When the government takes property without expropriation, what value controls? The Supreme Court clarifies the rule on just compensation.

When Just Compensation Is Measured: The Tria Doctrine on Agrarian Expropriation Valuation

The Supreme Court ruled that just compensation for agrarian reform land should be valued at the time of payment, not at the time of taking.

Expropriation and Summary Judgment: Protecting Just Compensation in Philippine Condemnation Cases

When can summary judgment decide just compensation in expropriation cases? The Supreme Court clarifies the rules and protects landowners' rights.

Just Compensation and Government Delay: Valuing Property at the Time of Taking

The Supreme Court clarifies when just compensation is valued and how legal interest accrues in expropriation cases involving government delay.

Expropriation and Conflicting Ownership Claims: When the Government May Challenge a Torrens Title

The Supreme Court clarifies that in expropriation cases, the government may present evidence on ownership disputes solely to determine who receives just compensation.

Easement vs Expropriation: Just Compensation for Right of Way Under Philippine Law

Supreme Court clarifies that statutory caps on easement fees do not bind courts in determining just compensation for transmission line right of way.

Determining Fair Compensation in Philippine Expropriation Cases: Key Lessons from Republic v. Heirs of Bautist

Learn how Philippine courts determine just compensation in expropriation cases, based on the Supreme Court's ruling in Republic v. Heirs of Bautista.

Certiorari as a Substitute for Appeal: Navigating Procedural Deadlines in Expropriation Cases

A Supreme Court ruling clarifies when courts may take judicial notice of land values and why the DAR formula must govern just compensation in agrarian expropriation.

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.

Expropriation for Socialized Housing: Balancing Public Needs and Private Property Rights

The Supreme Court clarifies the strict requirements local governments must meet before expropriating private land for socialized housing under R.A. 7279.

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.

Just Compensation in Expropriation: Upholding Fair Market Value for Property Owners

Philippine Supreme Court affirms that just compensation in expropriation is based on fair market value, not tax or zonal valuations alone.

Premature Legal Challenges Questioning Expropriation Before an Ordinance Is Enacted

When can landowners challenge expropriation? The Supreme Court explains why certiorari and prohibition are premature remedies.

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.

Overcoming Jurisdictional Hurdles in Philippine Property Disputes: The Philippine Veterans Bank Case

Learn how the Supreme Court clarified jurisdictional boundaries between courts and DARAB in expropriation cases involving agrarian reform lands.

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.

Navigating Land Disputes: Reversion, Expropriation, and Title Conflicts Explained

The Supreme Court clarifies how reversion cases, expropriation proceedings, and quieting of title actions interact when land titles are challenged.

Upholding Government Authority When Public Interest Overrides Private Land Claims In Expropriation

Philippine Supreme Court ruling on expropriation, public interest, and limits of private land claims against government authority.

Oral Partition of Land: Proving Agreements and Challenging Ownership Claims

Philippine Supreme Court ruling on proving oral partition of inherited land, parol evidence rule, and where to litigate ownership claims in expropriation.