ix. Practice areas
Expropriation & just compensation
For landowners facing right-of-way or full taking by government or utilities.
The government and some utilities may take private land for public use, but the Constitution requires payment of just compensation. We assist landowners in making sure they are paid fairly for what is taken.
How we can help
- Review of notices and offers from government agencies or utilities
- Negotiated sale under the Right-of-Way Act
- Expropriation cases in court
- Valuation of land, improvements, crops and structures
- Consequential damages for the remaining property
- Easement (right-of-way) versus full taking issues
How it usually proceeds
- Notice and offer. The agency usually sends a notice and an offer to buy the property.
- Negotiation. The landowner may accept, negotiate or reject the offer.
- Expropriation case. If no agreement is reached, the agency may file a case in court. To take possession, it must first deposit an initial amount, generally the BIR zonal value of the land plus the value of improvements, crops and trees.
- Just compensation. The court determines the final amount of just compensation, and the agency pays any difference from what it deposited.
This page is general information about this field of practice. It is not legal advice, and the process in your case may differ.
Other practice areas
Agrarian reform
CLOAs, emancipation patents, agrarian reform beneficiary cooperatives and agrarian disputes.
→Estates & property
Extrajudicial settlement, deeds of sale, title transfers and partition among heirs.
View all practice areas
We handle the following matters for individuals, families, businesses, cooperatives and landowners, before courts and quasi-judicial bodies throughout the Philippines.
→Talk to us about your concern.
Consultations are by appointment at our Davao City office. 0917-823-0577 · office@tmlawph.com