EMINENT DOMAIN, MEANING- Expropriation

Category: Land Titles And Deeds

EMINENT DOMAIN, MEANING

> 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

EXPROPRIATED PRIVATE LAND BECOMES PROPERTY OF PUBLIC DOMAIN; REGISTRATION

> Private lands taken by the government for public use under its own power of eminent domain become unquestionably part of the public domain

> The Register of Deeds is authorized to issue in the name of the national government a new certificate of title covering such expropriated lands

> Consequently, lands registered under Act 498 and PD1529 are not exclusively private or patrimonial lands. Lands of the public domain may also be registered pursuant to existing laws

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.