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    Questions On Police Power and Eminent Domain

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    Anselmo Rodiel IV
    A new law gives the Department of Public Works sole authority to determine compensation for expropriated land up to the property's assessed value for taxation. This law is not valid because it does not provide just compensation as constitutionally required. Farmerjoe's land was used by NPGC for power lines without expropriation or payment for 10 years. Though the NPGC claims a 5-year limit to file damages, as Farmerjoe's lawyer I would argue his claim did not accrue until he knew his rights, and the constitutional requirement for just compensation overrides the NPGC's charter.

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    Questions On Police Power and Eminent Domain

    Uploaded by

    Anselmo Rodiel IV
    23 views1 page
    A new law gives the Department of Public Works sole authority to determine compensation for expropriated land up to the property's assessed value for taxation. This law is not valid because it does not provide just compensation as constitutionally required. Farmerjoe's land was used by NPGC for power lines without expropriation or payment for 10 years. Though the NPGC claims a 5-year limit to file damages, as Farmerjoe's lawyer I would argue his claim did not accrue until he knew his rights, and the constitutional requirement for just compensation overrides the NPGC's charter.

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    Questions on Police power and eminent domain

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    A new law gives the Department of Public Works sole authority to determine compensation for expropriated land up to the property's assessed value for taxation. This law is not valid because it does not provide just compensation as constitutionally required. Farmerjoe's land was used by NPGC for power lines without expropriation or payment for 10 years. Though the NPGC claims a 5-year limit to file damages, as Farmerjoe's lawyer I would argue his claim did not accrue until he knew his rights, and the constitutional requirement for just compensation overrides the NPGC's charter.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    23 views1 page

    Questions On Police Power and Eminent Domain

    Uploaded by

    Anselmo Rodiel IV
    A new law gives the Department of Public Works sole authority to determine compensation for expropriated land up to the property's assessed value for taxation. This law is not valid because it does not provide just compensation as constitutionally required. Farmerjoe's land was used by NPGC for power lines without expropriation or payment for 10 years. Though the NPGC claims a 5-year limit to file damages, as Farmerjoe's lawyer I would argue his claim did not accrue until he knew his rights, and the constitutional requirement for just compensation overrides the NPGC's charter.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    I.

    A law is passed which provides that when the Department of Public Works and
    Highways expropriates property for government infrastructure projects, it will  have 
    the  sole  and  exclusive authority  to  determine  the  price  to  be  paid  as
    compensation  to  the  landowner,  which  amount  shall  be  no  more  than  the
    assessed value of the property used for real property taxation.
    Is this provision of law valid? Explain briefly.

    II.
    The National Power and Grid Corporation (NPGC), a government entity involved in
    power generation distribution, had its transmissi on lines traverse some fields
    belonging to Farmerjoe. NPGC did so without instituting any expropriation
    proceedings. Farmerjoe, not knowing any better, did not immediately press his claim
    for payment until after ten years later when a son of his took up Law and told him that
    he had a right to claim compensation. That was then the only time that Farmerjoe
    earnestly demanded payment. When the NPGC ignored him, he instituted a case for
    payment of just compensation. In defense, NPGC pointed out that the claim had
    already prescribed since under its Charter it is clearly provided that "actions for
    damages must be filed within five years after the rights of way, transmission lines,
    substations, plants or other facilities shall have been established and that after said
    period, no suit shall be brought to question the said rights of way, transmission lines,
    substations, plants or other facilities." If you were the lawyer of Farmerjoe, how would
    you protect and vindicate the rights of your client?

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