Monday, May 22, 2017

Land Valuation on CARP covered land

Be reminded that although the potential use of an expropriated property may be factored in, especially in instances where there is a significant improvement in the locality of the expropriated property, that factor, however, should not be the controlling component in the determination of just compensation. Otherwise, it will run afoul on the well-settled principle that the fair market value of an expropriated property is determined essentially by its character and its price at the time of the taking, not by its potential use.

Monday, May 8, 2017

Jurisdiction

For the DAR Adjudication Board, Regional Adjudicators & Provincial Adjudicators to acquire jurisdiction over a case, there must be a prima facie showing that there is a tenurial arrangement or tenancy relationship between the parties. The essential requisites of a tenancy relationship are the key jurisdictional allegations that must appear on the face of the complaint.