Eminent domain is the right or power of a sovereign state to appropriate private property to particular uses to promote public welfare.[14] It is an indispensable attribute of sovereignty; a power grounded in the primary duty of government to serve the common need and advance the general welfare.[15] Thus, the right of eminent domain appertains to every independent government without the necessity for constitutional recognition.[16]The provisions found in modern constitutions of civilized countries relating to the taking of property for the public use do not by implication grant the power to the government, but limit a power which would otherwise be without limit.[17] Thus, our own Constitution provides that “[p]rivate property shall not be taken for public use without just compensation.”[18] Furthermore, the due process and equal protection clauses[19] act as additional safeguards against the arbitrary exercise of this governmental power.
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Source: http://bataspinoy.wordpress.com/2011/04/01/lgu-and-eminent-domain/
http://sc.judiciary.gov.ph/jurisprudence/2000/mar2000/135087.html
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