Beruflich Dokumente
Kultur Dokumente
> Ultimate right of the sovereign power to appropriate any property within its territorial sovereignty for a public purpose
> Manifest in the nature of expropriation proceedings
> Expropriation proceedings are not adversarial in the conventional sense for the condemning authority isn’t required to assert any
conflicting interest in the property
> Thus, by filing the action, the condemnor in effect merely serves notice that it is taking title and possession of the property, and the
defendant asserts title or interest in the property, not to prove a right of possession, but to prove a right to compensation for the
taking
RECORDING OF JUDGMENT
> The judgment entered in expropriation proceedings shall state definitely, by an adequate description, the particular property or
interest therein expropriated, and the nature of the public use or purpose for which it is expropriated
> When real estate is expropriated, a certified copy of such judgment shall be recorded in the RD of the place in which the property
is situated, and its effect shall be to vest in the plaintiff the title to the real estate as described for such public use or purpose
Section 85. Land taken by eminent domain. Whenever any registered land, or interest therein, is expropriated or taken by eminent
domain, the National Government, province, city, municipality, or any other agency or instrumentality exercising such right shall file
for registration in the proper Registry a certified copy of the judgment which shall state definitely, by an adequate description, the
particular property or interest expropriated, the number of the certificate of title, and the nature of the public use. A memorandum of
the right or interest taken shall be made on each certificate of title by the Register of Deeds, and where the fee simple title is taken,
a new certificate shall be issued in favor of the National Government, province, city, municipality, or any other agency or
instrumentality exercising such right for the land so taken. The legal expenses incident to the memorandum of registration or
issuances incident to the memorandum of registration or issuance of a new certificate shall be for the account of the authority taking
the land or interest therein.