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Showing 1–12 of 12 articles for “right-of-way”

Expropriation and Just Compensation: Clarifying Consequential Damages in Philippine Law

The Supreme Court clarifies how road right-of-way is measured in expropriation cases and when consequential damages may be awarded.

Free Patent Land and Road Projects: When the Government Must Pay Just Compensation

The Supreme Court clarifies when the government must pay just compensation for right-of-way easements over free patent lands under the Public Land Act.

Road Right-of-Way Measurement: The 20-Meter Rule from the Highway Centerline

The Supreme Court clarifies that the 20-meter road right-of-way easement under the Public Land Act is measured from the centerline of the highway.

Public Use Prevails Over Private Claims in Road Right-of-Way Dispute

Supreme Court rules that road rights-of-way are public dominion property, and private claimants cannot demand just compensation for land never validly acquired.

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.

Homestead Rights Prevail: Reclassification of Land Does Not Extinguish Right to Repurchase

Learn how the Supreme Court protects homestead rights in expropriation, ruling on right-of-way measurement and just compensation.

Right of Way and Land Ownership: Who May Demand an Easement Under Philippine Law

The Supreme Court clarifies that only owners or holders of real rights may demand an easement of right-of-way, and prescription over public lands requires prior State classification.

Just Compensation for Right-of-Way Easement: Full Market Value, Not 10% Fee

When power lines cross private land, owners may get full market value, not just a 10% easement fee.

Upholding Property Rights: Finality of Court Decisions and Easement Disputes

A court cannot create a right-of-way through an execution order that contradicts its final and executory decision dismissing the case.

Just Compensation When Government Takes Property Without Formal Expropriation

When enforcing an easement of right-of-way renders the remaining property unusable, just compensation is due. Learn from Republic v. Andaya.

Easement Rights Prevail: Right of Way Protection Despite Title Deficiencies in Philippine Law

Philippine Supreme Court ruling on easement of right-of-way, actual knowledge, and protection despite unregistered title annotations.

Easement by Prescription: Why Permissive Use Never Ripens Into a Right-of-Way

Philippine Supreme Court ruling on why tolerated use of land cannot create an easement by prescription, and when prescriptive periods for compensation begin.