Determination of just compensation
- Category: Constitutional Law
Just compensation is the fair value of the property as between one who receives, and one who desires to sell, fixed at the time of the actual taking by the government. This rule holds true when the property is taken before the filing of an expropriation suit, and even if it is the property owner who brings the action for compensation. The nature and character of the land at the time of its taking is the principal criterion for determining how much just compensation should be given to the landowner. In determining just compensation, all the facts as to the condition of the property and its surroundings, its improvements and capabilities, should be considered. (EPZA v. Dulay, G.R. No. 59603, April 29, 1987, 149 SCRA 305; NPC v. Dr. Antero Bongbong, et al., G.R. No. 164079, April 3, 2007).