Mindmap Eminent Domain.docx

PEREZ, AYLWIN JOHN E. EMINENT DOMAIN

Right of eminent domain shall be exercised by the FILING OF A VERIFIED COMPLAINT(Sec.1)

Entry of the plaintiff upon the property, upon the filing of the complaint or at any time thereafter and after due notice to the defendant, upon depositing of an amount equivalent to the assessed value of the property for purposes of taxation.(Sec.2)

If the defendant has no objection, he may file and serve a notice of appearance(Sec.3)

If therem is an objection, serve answer w/in the time stated in the summons.(Identify the property, nature and extent of his interest, and adduce all objections and defenses.(Sec.3)

After an order of Expropriation, commissioners (not more than 3), shall be appointed to ascertain the just compensation for the property. (Sec.5) They shall take and subscribe an oath that they will faithfully perform their duties. (Sec. 6)

Defenses and Objections(Sec.3)

If the objections and defenses are overruled, the court may issue an Order of Expropriation(Sec.4)

Rights of Plaintiff After Judgment and Payment

They shall make a full and accurate report to the court of all their proceedings which shall be effectual upon acceptance by the court and the same renders judgment based on their recommendations. Such report may be objected to by interested parties w/in 10 days after copies have been served to them.(Sec..7)

If ownership is uncertain, the court may order any sum awarded as compensation for the property to be paid to the court for the benefit of the person adjudged in the same proceeding to be entitled thereto.(Sec.9)

Right of the plaintiff to enter shall not be delayed by an appeal from the judgment.But if the appellate court finds for the defendant, judgment shall be rendered ordering the RTC to enforce the restoration to the defendant. (Sec.11)