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Showing 1–24 of 86 articles for “eminent domain”

Eminent Domain and Just Compensation: Land Rights After Incomplete Expropriation

Philippine Supreme Court ruling on expropriation, just compensation, and landowner rights when government fails to pay.

Easements and Eminent Domain in the Philippines: MMDA’s Limits After Diamond Motor

The Supreme Court limits MMDA’s power to impose easements, balancing flood control with private property rights and just compensation.

Eminent Domain and Prior Rights: Resolving Land Disputes in Infrastructure Projects

Philippine Supreme Court ruling on contract rights, port operations, and jurisdictional issues in infrastructure disputes.

Just Compensation in Expropriation: Lessons from the NGCP v. Gaite Ruling

The Supreme Court clarifies how courts determine just compensation in eminent domain cases, emphasizing verifiable data over speculative land reclassifications.

Eminent Domain and Just Compensation: Fair Value for Delayed Government Takings

When the government delays payment in expropriation, landowners are entitled to more than the property's old value—here's why.

Navigating Eminent Domain and Franchise Rights: The Battle Over Electricity Distribution in Iloilo City

The Supreme Court upheld the constitutionality of expropriation provisions in R.A. 11212, allowing MORE Power to acquire PECO's distribution system in Iloilo City.

Eminent Domain for Uninterrupted Electricity: MORE Power vs. PECO Explained

The Supreme Court upholds the constitutionality of expropriating an old franchise holder's distribution system to ensure uninterrupted electricity in Iloilo City.

Understanding Just Compensation in Eminent Domain: Insights from a Landmark Supreme Court Ruling

The Supreme Court clarifies who pays commissioners' fees in agrarian expropriation cases, a key part of just compensation proceedings.

Eminent Domain and Private Property: Clarifying Expropriation Powers in the Philippines

The Supreme Court clarifies when state-owned land is private property subject to expropriation, and the limits of delegated eminent domain.

City of Manila v. Prieto: Strict Limits on Local Government Expropriation Powers

Supreme Court rules local governments must strictly comply with legal requirements before exercising delegated eminent domain powers.

Eminent Domain vs Ejectment: Protecting Public Service Continuity

When a public utility occupies private land, ejectment may not prosper. The landowner's remedy is just compensation, not possession.

Contractual Integrity vs. Eminent Domain: The Limits of Interest Claims in Negotiated Land Sales

When the government buys land through a negotiated sale, the deed governs—interest claims not in the contract are barred.

Voluntary Sale vs. Eminent Domain: When Interest on Just Compensation Is Not Due

Supreme Court clarifies that in negotiated sales, landowners cannot claim legal interest absent a stipulation, unlike in expropriation.

Eminent Domain Prompt Payment Mandate FOR Government Infrastructure Projects

Supreme Court clarifies RA 8974's 100% zonal value prompt payment rule applies to inverse condemnation cases for government projects.

Just Compensation in Expropriation: How Courts Value Land in Eminent Domain Cases

Philippine Supreme Court ruling on how courts determine fair market value and interest in expropriation cases.

Eminent Domain: How Courts Fix Just Compensation and Interest in Expropriation

Learn how Philippine courts determine just compensation and legal interest in expropriation cases, based on a 2017 Supreme Court ruling.

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

Explaining the Supreme Court ruling that just compensation for expropriated property is valued at the time of taking, not when the complaint is filed.

Eminent Domain and Just Compensation: Valuing Land Beyond BIR Zonal Valuation

Philippine Supreme Court clarifies that BIR zonal values are mere guides, not binding limits, in determining just compensation for expropriated property.

Senior Citizen and PWD Discounts: Police Power, Not Eminent Domain

The Supreme Court upheld the 20% senior citizen and PWD medicine discounts as a valid exercise of police power, not eminent domain requiring just compensation.

Eminent Domain and Just Compensation: How Courts Value Expropriated Property

Philippine Supreme Court explains how courts determine just compensation in expropriation cases, using Republic v. Heirs of Santiago as guide.

Eminent Domain and Just Compensation: Government Delay Forfeits Expropriation Rights

The Supreme Court rules that the government's failure to pay just compensation for over 30 years bars its claim to expropriated property.

Discounts FOR THE Disabled Upholding Equal Access TO Medicines Under Police Power

The Supreme Court upholds the 20% PWD medicine discount as a valid exercise of police power, not eminent domain.

Eminent Domain Easements Just Compensation For Perpetual Restrictions ON Property USE

When a right-of-way easement for transmission lines permanently restricts property use, full just compensation, not a mere easement fee, is due.

Eminent Domain and Execution Pending Appeal: Safeguarding Government Funds

Supreme Court rules discretionary execution pending appeal does not apply to eminent domain proceedings, protecting government funds from garnishment.