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Constitutional Law
Eminent domain or expropriation is the inherent right of the state to condemn private property to
public use upon payment of just compensation. A number of circumstances must be present in the
taking of property for purposes of eminent domain:
(2) the entrance into private property must be for more than a momentary period;
(3) the entry into the property should be under warrant or color of legal authority;
(4) the property must be devoted to a public use or otherwise informally appropriated or
injuriously affected; and
(5) the utilization of the property for public use must be in such a way as to oust the owner and
deprive him of all beneficial enjoyment of the property.
When private property is rendered uninhabitable by any entity with the power to exercise
eminent domain, the taking is deemed complete. NPC v. CA, G.R. No. 106804, August 12, 2004,
(436 SCRA 195). Taking occurs not only when the government actually deprives or dispossesses
the property owner of his property or its ordinary use, but also when there is a practical destruction
or material impairment of the value of the property. (Rep. v. CA, G.R. No. 147245, March 31,
2005, 454 SCRA 516; Heirs of Mateo Pidacan & Romana Eigo, et al. v. ATO, et al., G.R. No.
162779, June 15, 2007)
BATASnatin
Just Compensation
DEFINITION of 'Just Compensation'
Just compensation refers to compensation individuals receive when their property gets seized by
the government for public use. For example, when the national highway system was constructed in
the 1950s, many homeowners had their property seized because the government wanted the land
to build the interstate highway system. The just compensation remedy is provided by the Fifth
Amendment's takings clause and is usually considered to be fair market value. However, what the
government considers just compensation may not be regarded as such by the person whose
property is seized. The government’s power to take private property for public use if referred to as
“eminent domain.”
Fair Market Value of Land: The price the property owner would receive if they were willing, not
forced, to sell can be used to help determine the fair market value of the land. For example, if a
landowner decided that they wanted a more significant piece of land and auctioned their existing
property, the auction sale price would be considered fair market value.
Fair Market Value of Land Improvement’s Seized: Land improvements refer to structures that
improve the value of taken land. Land improvement may include detached dwellings, barns and
separate garages. Intangible land improvements must also be taken into consideration. For
instance, land near an area with natural resources may be considered a land improvement.
Benefits: Although less frequent, property owners may benefit from publicly taken land. For
example, if part of an owner’s land gets seized for a new service road that allows the property to
be subdivided, that benefit can be used to offset the total compensation received.
Land is real estate or property, minus buildings and equipment, that is designated by fixed spatial
boundaries. Land ownership may offer the title holder the right to natural resources on the land.
The traditional school of economics dictates that land is a factor of production, along with capital
and labor. The sale of land results in capital gain or loss; under IRS tax laws, land is not a
depreciable asset.