It is based on genuine necessity and that necessity must be of public character.

It must be reasonable
and practicable such that it would greatly benefit the public with the least inconvenience and expense to
the condemning party ad property owner consistent with such benefit.

Eminent domain, although vested in the legislature, may be validly delegated to local government units,
other public entities and public utilities, subject to the terms stated in the delegating law.

Sec 19 of RA 7160 Local Government Code - A local government unit may, through its chief executive
and acting pursuant to an ordinance, exercise the power of eminent domain for public use, or purpose
or welfare for the benefit of the poor and the landless, upon payment of just compensation, pursuant to
the provisions of the Constitution and pertinent laws:

Percival Moday is a landowner in Bunawan, Agusan del Sur. In 1989, the Sangguniang Bayan of Bunawan
passed a resolution authorizing the mayor to initiate an expropriation case against a 1 hectare portion of
Moday’s land. Purpose of which was to erect a gymnasium and other public buildings. The mayor
approved the resolution and the resolution was transmitted to the Sangguniang Panlalawigan which
disapproved the said resolution ruling that the expropriation is not necessary because there are other
lots owned by Bunawan that can be used for such purpose. The mayor pushed through with the
expropriation nonetheless.

While the power of eminent domain may be validly delegated to local government units (LGUs), other
public entities and public utilities, the exercise of such power by the delegated entities is not absolute.
The scope of such delegated power is narrower than that of the delegating authority and may be
exercised only when authorized by Congress, subject to its control and the restraints imposed through
the law conferring the power or in other legislations. Thus, strictly speaking, the power of eminent
domain delegated to an LGU is in reality not eminent but "inferior.” The national legislature is still the
principal of the LGUs, and the latter cannot go against the principal's will or modify the same. BELUSO
VS. MUNICIPALITY OF PANAY, G.R. No. 153974 (August 7, 2006) FIRST DIVISION

However, the exercise by local government units of the power of eminent domain is not absolute. The
exercise thereof is subject to the statutory requirements.

Provided, however, That the power of eminent domain may not be exercised unless a valid and definite
offer has been previously made to the owner, and such offer was not accepted: Provided, further, That
the local government unit may immediately take possession of the property upon the filing of the
expropriation proceedings and upon making a deposit with the proper court of at least fifteen percent
(15%) of the fair market value of the property based on the current tax declaration of the property to be
expropriated:

Provided, finally, That, the amount to be paid for the expropriated property shall be determined by the
proper court, based on the fair market value at the time of the taking of the property.

The Court repeatedly stressed that the true measure is not the taker's gain but the owner's loss. The
word 'just' is used to modify the meaning of the word 'compensation' to convey the idea that the
equivalent to be given for the property to be taken shall be real, substantial, full and ample."