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Right of Eminent Domain

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Offline puswekster

on: March 25, 2015, 02:20:19 AM
Sirs and Ma'ams,

Ask lng po ako.

A portion of parcel of land which is just around 350 sq.m. is being planned by the government to expropriate for a road. This road is part of a "development plan" wherein a mall will be built along the middle part of the road. The lot in question will be 1 of the only two access points towards that mall. There is currently a small road (1 meter wide) that is adjacent to the parcel of land in question.

Although, the government has the right to expropriate the land for the development of the town, is this legal? Considering that the main beneficiary of the road would be the mall owner as well as the owner of the land where it will be put up?

Second question, is it ok for the owner of the parcel of the land to demand that the road be built upon the existing 1-meter road by widening it taking equal portions of land from both sides of the road. Right now, the plan of the government is to build the road within the 350 sq.m. land thereby reducing it to just around 140 sq.m. As can be seen in the town's "development plan", using the 1-meter wide dirt road will move the proposed road away from the front of the mall.

Maraming salamat po.


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Right of Eminent Domain
« on: March 25, 2015, 02:20:19 AM »

Offline charliehouse

Reply #1 on: April 01, 2015, 09:34:23 PM
Yes, as long as for the general public ang main purpose ng road and the private interests are incidental lang sa expropriation.

No, The only thing that a land owner can do in the event na may expropriation is to 1. question the validity of the expropriation 2. demand just compensation.
Sa bawat bobong post ay may pilosopong reply.


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Re: Right of Eminent Domain
« Reply #1 on: April 01, 2015, 09:34:23 PM »

 


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