This case has been cited 2 times or more.
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2015-04-21 |
PERALTA, J. |
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| THE HONORABLE COURT MAY SETTLE FOR A HAPPY MIDDLE GROUND IN THE NAME OF DOCTRINAL PRECISION AND SUBSTANTIAL JUSTICE.[6] | |||||
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2003-06-20 |
QUISUMBING, J. |
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| In eminent domain or expropriation proceedings, the general rule is that the just compensation to which the owner of condemned property is entitled to is the market value.[22] 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."[23] The aforementioned rule, however, is modified where only a part of a certain property is expropriated. In such a case the owner is not restricted to compensation for the portion actually taken. In addition to the market value of the portion taken, he is also entitled to recover for the consequential damage, if any, to the remaining part of the property. At the same time, from the total compensation must be deducted the value of the consequential benefits.[24] | |||||