This case has been cited 3 times or more.
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2009-08-14 |
CARPIO, J. |
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| J ust compensation is based on the price or value of the property at the time it was taken from the owner and appropriated by the government.[26] However, if the government takes possession before the institution of expropriation proceedings, the value should be fixed as of the time of the taking of said possession, not of the filing of the complaint. The value at the time of the filing of the complaint should be the basis for the determination of the value when the taking of the property involved coincides with or is subsequent to the commencement of the proceedings.[27] | |||||
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2009-06-22 |
VELASCO JR., J. |
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| Fair market value, as an eminent domain concept, is determined by, among other factors, the character of the property at the time of the taking of the property.[134] It is basic that the nature and character of the land at the time of the taking is the principal criterion for determining how much just compensation is to be given to the lot owner,[135] not the potential of the expropriated area.[136] With these principles in mind, it is clear that the fact that the subject lots would eventually be developed as an integral part of the BPZ and consequently devoted to industrial use is of little moment for purposes of determining just compensation. And the adaptability for conversion in the future of the lots found within the BPZ is a factor, but not the ultimate in determining just compensation. | |||||
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2004-08-12 |
CARPIO, J. |
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| The landowner is entitled to legal interest on the price of the land from the time of the taking up to the time of full payment by the government.[51] In accord with jurisprudence, we fix the legal interest at six per cent (6%) per annum.[52] The legal interest should accrue from 6 September 1979, the date when the trial court issued the writ of possession to NPC, up to the time that NPC fully pays Pobre.[53] | |||||