What is Expropriation—and Other Basics

Help! The government wants to take my land. What can I do?

You received a notice from the government that they are going to take your property for an infrastructure project. Is this even legal?

Yes, it is.

The government has three inherent powers. The first is police^[1] power, which is the power to regulate and promote the general welfare of society. The second is the power of taxation, which is the power to collect funds from the public to fund the operations of government. The third is the power of eminent domain.

The power of the government to take private property is called eminent domain. It is also called expropriation. In the Philippines, both terms are used interchangeably.

However, it comes with two important limitations.

The first is that the taking must be for a definite public purpose. The government, specifically the executive branch, cannot take land without reason. It must convince a trial court judge that there is indeed a public necessity behind the taking of property. Traditionally, these purposes include expansion of road networks, water pipe systems, electrical power lines, and port infrastructure. Today, other acceptable purposes include agrarian reform.

The second is that the taking of your property must be accompanied by payment of what is called “just compensation.” The property owner must be paid for what is taken from him. This is also why expropriation is sometimes called a “forced sale.” Ascertaining the amount of just compensation is also the task of a trial court judge, as assisted with court-appointed officers known as commissioners.

Expropriation has its own sub-topics, and will be discussed in other sections of this article series.