This case has been cited 2 times or more.
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2009-02-10 |
TINGA, J. |
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| Eminent domain "is the inherent power of a sovereign state to appropriate private property to particular use to promote public welfare."[14] In the exercise of its power of eminent domain, just compensation must be given to the property owner to satisfy the requirements of Sec. 9, Art. III[15] of the Constitution. Just compensation is the fair market value of the property.[16] Fair market value is that "sum of money which a person desirous but not compelled to buy, and an owner willing but not compelled to sell, would agree on as a price to be given and received therefor."[17] Judicial determination is needed to arrive at the exact amount due to the property owner. | |||||
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2007-02-06 |
CHICO-NAZARIO, J. |
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| The concept of just compensation embraces not only the correct determination of the amount to be paid to the owners of the land, but also the payment of the land within a reasonable time from its taking. Without prompt payment, compensation cannot be considered "just" inasmuch as the property owner is being made to suffer the consequences of being immediately deprived of his land while being made to wait for a decade or more before actually receiving the amount necessary to cope with his loss.[62] Just compensation is defined as the full and fair equivalent of the property taken from its owner by the expropriator.[63] It has been repeatedly stressed by this Court that the measure is not the taker's gain but the owner's loss.[64] The word "just" is used to intensify the meaning of the word "compensation" to convey the idea that the equivalent to be rendered for the property to be taken shall be real, substantial, full, and ample.[65] | |||||