This case has been cited 2 times or more.
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2007-02-02 |
VELASCO, JR., J. |
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| The appointment of commissioners to ascertain just compensation for the property sought to be taken is a mandatory requirement in expropriation cases. In the instant expropriation case, where the principal issue is the determination of just compensation, a hearing before the commissioners is indispensable to allow the parties to present evidence on the issue of just compensation. While it is true that the findings of commissioners may be disregarded and the trial court may substitute its own estimate of the value, the latter may only do so for valid reasons, that is, where the commissioners have applied illegal principles to the evidence submitted to them, where they have disregarded a clear preponderance of evidence, or where the amount allowed is either grossly inadequate or excessive. Thus, "trial with the aid of the commissioners is a substantial right that may not be done away with capriciously or for no reason at all."[15] | |||||
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2004-12-16 |
TINGA, J, |
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| There are two stages in every action for expropriation. The first is concerned with the determination by the courts of the authority of the plaintiff to exercise the power of eminent domain and the propriety of its exercise in the context of the facts involved in the suit. The second phase is concerned with the determination by the court, with the assistance of commissioners, of the just compensation for the property sought to be taken which relates to the valuation thereof. The order fixing the just compensation on the basis of the evidence before, and findings of, the commissioners would be final and would dispose of the second stage of the suit, leaving nothing more to be done by the Court regarding the issue.[29] During this stage, the main bone of contention is the valuation of the property concerned. | |||||