This case has been cited 2 times or more.
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2013-04-17 |
SERENO, C.J. |
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| Proceeding from the principle of jus regalia, the right to eminent domain has always been considered as a fundamental state power that is inseparable from sovereignty.[23] It is described as the State's inherent power that need not be granted even by the Constitution,[24]and as the government's right to appropriate, in the nature of compulsory sale to the State, private property for public use or purpose.[25] | |||||
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2007-10-15 |
NACHURA, J. |
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| Being inherent, the power need not be specifically conferred on the government by the Constitution. Section 9, Article III of the Constitution, which mandates that "private property shall not be taken for a public use without just compensation," merely imposes a limit on the government's exercise of the power and provides a measure of protection to the individual's right to property.[50] | |||||