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  • No. 69 Republic vs. Castelvi

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    The government began expropriation proceedings in 1959 to acquire a block of land it had leased since 1947 after the owner refused to extend the lease. The owner argued the land was not taken when the government became a lessee, but rather when proceedings began, as the elements of taking - entry and occupation for more than a momentary period while devoting it to public use in a way that evicts the owner - were not present when the lease began. The court agreed, holding that for a taking to occur an expropriator must enter private property for more than a brief period under legal warrant to use it for public use in a way that deprives the owner, which did not happen until expropriation proceedings started in

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    The government began expropriation proceedings in 1959 to acquire a block of land it had leased since 1947 after the owner refused to extend the lease. The owner argued the land was not taken when the government became a lessee, but rather when proceedings began, as the elements of taking - entry and occupation for more than a momentary period while devoting it to public use in a way that evicts the owner - were not present when the lease began. The court agreed, holding that for a taking to occur an expropriator must enter private property for more than a brief period under legal warrant to use it for public use in a way that deprives the owner, which did not happen until expropriation proceedings started in

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    © All Rights Reserved
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    2 views1 page

    No. 69 Republic vs. Castelvi

    Uploaded by

    Bella Crosat
    The government began expropriation proceedings in 1959 to acquire a block of land it had leased since 1947 after the owner refused to extend the lease. The owner argued the land was not taken when the government became a lessee, but rather when proceedings began, as the elements of taking - entry and occupation for more than a momentary period while devoting it to public use in a way that evicts the owner - were not present when the lease began. The court agreed, holding that for a taking to occur an expropriator must enter private property for more than a brief period under legal warrant to use it for public use in a way that deprives the owner, which did not happen until expropriation proceedings started in

    Copyright:

    © All Rights Reserved
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    of 1

    D.

    TAKING

    Republic v. Castellvi
    G.R. No. L-20620, August 15, 1974

    FACTS: The government began expropriation procedures in 1959 after the owner of a block of land
    rented and occupied by the government since 1947 refused to extend the lease. The government
    maintained that it had taken possession of the land when the lease contract began, not when the
    proceedings began, during the determination of just compensation. The owner claims that the disputed
    land was not taken when the government began to occupy it as a lessee because the essential
    elements of "taking" property under the power of eminent domain, namely (1) entry and
    occupation by a condemnor on private property for more than a momentary period, and (2) devoting it
    to a public use in such a way as to evict the owner and deprive him of all beneficial enjoyment of the
    property, were not present.

    ISSUE: Whether or not the taking of property has taken place when the condemnor has entered
    and occupied the property as lesse.

    HELD: No, the property was only considered taken when expropriation proceedings began in 1959. The
    following are the essential elements of a taking: (1) an expropriator must enter a private property, (2)
    for more than a brief period of time, (3) and under the authority of a legal warrant, (4)
    devoting it to public use, or otherwise informally appropriating or injuriously affecting it in such
    a way as to (5) substantially oust the owner and deprive him of all beneficial enjoyment thereof.
    These elements were not there when the government entered and occupied the land under a lease
    agreement in the case at hand.

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