This case has been cited 3 times or more.
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2013-12-03 |
DEL CASTILLO, J. |
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| On the other hand, in the exercise of the power of eminent domain, property interests are appropriated and applied to some public purpose which necessitates the payment of just compensation therefor. Normally, the title to and possession of the property are transferred to the expropriating authority. Examples include the acquisition of lands for the construction of public highways as well as agricultural lands acquired by the government under the agrarian reform law for redistribution to qualified farmer beneficiaries. However, it is a settled rule that the acquisition of title or total destruction of the property is not essential for "taking" under the power of eminent domain to be present.[70] Examples of these include establishment of easements such as where the land owner is perpetually deprived of his proprietary rights because of the hazards posed by electric transmission lines constructed above his property[71] or the compelled interconnection of the telephone system between the government and a private company.[72] In these cases, although the private property owner is not divested of ownership or possession, payment of just compensation is warranted because of the burden placed on the property for the use or benefit of the public. | |||||
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2013-12-03 |
DEL CASTILLO, J. |
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| In the exercise of police power, a property right is impaired by regulation,[65] or the use of property is merely prohibited, regulated or restricted[66] to promote public welfare. In such cases, there is no compensable taking, hence, payment of just compensation is not required. Examples of these regulations are property condemned for being noxious or intended for noxious purposes (e.g., a building on the verge of collapse to be demolished for public safety, or obscene materials to be destroyed in the interest of public morals)[67] as well as zoning ordinances prohibiting the use of property for purposes injurious to the health, morals or safety of the community (e.g., dividing a city's territory into residential and industrial areas).[68] It has, thus, been observed that, in the exercise of police power (as distinguished from eminent domain), although the regulation affects the right of ownership, none of the bundle of rights which constitute ownership is appropriated for use by or for the benefit of the public.[69] | |||||
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2000-05-31 |
PARDO, J. |
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| In due time, petitioner filed an appeal to the Court of Appeals.[5] | |||||