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Power of Eminent Domain
Power of Eminent Domain
Power of Eminent Domain
Issue: Whether or not the courts may inquire into, and hear proof of the
necessity of the expropriation.
Held: The courts have the power of restricting the exercise of eminent
domain to the actual reasonable necessities of the case and for the
purposes designated by the law. The moment the municipal corporation or
entity attempts to exercise the authority conferred, it must comply with
the conditions accompanying the authority. The necessity for conferring
the authority upon a municipal corporation to exercise the right of
eminent domain is admittedly within the power of the legislature. But
whether or not the municipal corporation or entity is exercising the right in
a particular case under the conditions imposed by the general authority, is
a question that the courts have the right to inquire to.
Republic v PLDT
Facts:
ISSUE:
HELD: