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    NAPOCOR Vs Gutierrez

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    NAPOCOR vs. Gutierrez, G.R. No. L-60077 involved Napocor filing an eminent domain case after unsuccessful negotiations to acquire easement rights to build 230 KV transmission lines through private lands. The issue was whether Napocor should pay a simple easement fee or full compensation for the land. The Supreme Court ruled that while eminent domain can impose an easement without losing title, the transmission lines in this case effectively deprived the landowners of ordinary use of their land by limiting growth to below 3 meters. As such, the landowners were entitled to full compensation rather than a simple easement fee.

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    NAPOCOR Vs Gutierrez

    Uploaded by

    thefiledetector
    122 views1 page
    NAPOCOR vs. Gutierrez, G.R. No. L-60077 involved Napocor filing an eminent domain case after unsuccessful negotiations to acquire easement rights to build 230 KV transmission lines through private lands. The issue was whether Napocor should pay a simple easement fee or full compensation for the land. The Supreme Court ruled that while eminent domain can impose an easement without losing title, the transmission lines in this case effectively deprived the landowners of ordinary use of their land by limiting growth to below 3 meters. As such, the landowners were entitled to full compensation rather than a simple easement fee.

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    case digest eminent domain 4

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    NAPOCOR vs Gutierrez

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    NAPOCOR vs. Gutierrez, G.R. No. L-60077 involved Napocor filing an eminent domain case after unsuccessful negotiations to acquire easement rights to build 230 KV transmission lines through private lands. The issue was whether Napocor should pay a simple easement fee or full compensation for the land. The Supreme Court ruled that while eminent domain can impose an easement without losing title, the transmission lines in this case effectively deprived the landowners of ordinary use of their land by limiting growth to below 3 meters. As such, the landowners were entitled to full compensation rather than a simple easement fee.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    122 views1 page

    NAPOCOR Vs Gutierrez

    Uploaded by

    thefiledetector
    NAPOCOR vs. Gutierrez, G.R. No. L-60077 involved Napocor filing an eminent domain case after unsuccessful negotiations to acquire easement rights to build 230 KV transmission lines through private lands. The issue was whether Napocor should pay a simple easement fee or full compensation for the land. The Supreme Court ruled that while eminent domain can impose an easement without losing title, the transmission lines in this case effectively deprived the landowners of ordinary use of their land by limiting growth to below 3 meters. As such, the landowners were entitled to full compensation rather than a simple easement fee.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    NAPOCOR vs. Gutierrez, G.R. No.

    L-60077

    January 18, 1991

    FACTS: For the construction of its 230 KV Mexico-Limay transmission lines, Napocor''s lines
    have to pass the lands belonging to respondents. Unsuccessful with its negotiations for the
    acquisition of the right of way easements, Napocor was constrained to file eminent domain
    proceedings.
    ISSUE: W/N petitoner should be made to pay simple easement fee or full compensation for
    the land traversed by its transmissin lines.
    HELD: In RP v. PLDT, the SC ruled that "Normally, the power of eminent domain results in the
    taking or appropriation of the title to, and possession of, the expropriated property, but no
    cogent reason appears why said power may not be availed of to impose only a burden upon
    the owner of the condemned property, without loss of title or possession. It is
    unquestionable that real property may, through expropriation, be subjected to an easement
    of right of way." In this case, the easement of right-of-way is definitely a taking under the
    power of eminent domain. Considering the nature and effect of the installation of the
    transmission lines, the limitations imposed by the NPC against the use of the land (that no
    plant higher than 3 meters is allowed below the lines) for an indefinite period deprives
    private respondents of ts ordinary use.

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