Download Article III Bill of Rights PDF

TitleArticle III Bill of Rights
TagsEminent Domain Bail Search And Seizure Due Process Clause Search Warrant
File Size341.7 KB
Total Pages22
Document Text Contents
Page 11

The right also covers the right not to join an association.

Government employees have the right to form unions. They also have the right to strike, unless there is a statutory ban

on them.

Section 9. Private property shall not be taken for public use without just compensation.

Who can exercise the power of eminent domain:

1) The national government

1. Congress

2. Executive, pursuant to legislation enacted by Congress

2) Local government units, pursuant to an ordinance enacted by their respective legislative bodies (under LGC)

3) Public utilities, as may be delegated by law.

When is the exercise of the power of eminent domain necessary?

It is only necessary when the owner does not want or opposes the sale of his property. Thus, if a valid contract exists

between the government and the owner, the government cannot exercise the power of eminent domain as a substitute to

the enforcement of the contract.

Elements of the power of eminent domain

1) There is a TAKING of private property

2) Taking is for PUBLIC USE

3) Payment of JUST COMPENSATION

“TAKING”



A. Elements: CODE: E P A P O

1. The expropriator enters the property

2. The entrance must not be for a momentary period, i.e., it must be permanent

3. Entry is made under warrant or color of legal authority

4. Property is devoted to public use

5. Utilization of the property must be in such a way as to oust the owner and deprive him of the beneficial enjoyment

of his property.

B. Compensable taking does not need to involve all the property interests which form part of the right of ownership.

When one or more of the property rights are appropriated and applied to a public purpose, there is already a compensable

taking, even if bare title still remains with the owner.

“PUBLIC USE”

1. Public use, for purposes of expropriation, is synonymous with public welfare as the latter term is used in the

concept of police power.

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