JOHN CRIS H. RIVAS – J.D.

IV

ASSIGNMENT IN ELECTIVE IV

Comment on the following declaration:

“The power of eminent domain, once exercised, necessarily involves a derogation of a

fundamental right. It trifles with the individual’s right to private property which is a
constitutionally protected right necessary for the preservation and enhancement of
personal dignity and is intimately connected with the right to life and liberty. Thus, its
exercise whether directly by the State or by its authorized agents, must undergo a
painstaking scrutiny”

COMMENT:

The power of eminent domain is the power of the government to take

private property and convert it public use. I agree that a painstaking scrutiny
must be done in order to protect the individual’s right.

The ”public use” must be determined so as not to defeat an individual’s

right. Although individual’s right must yield to the general welfare of the people,
the government must ensure that the takeover will not result to injustice but will
project the idea of “greatest good for the greatest number”.

Be that as it may, the government may only exercise this power provided
the property owner are given just compensation.