Practice question
A utility with a valid statutory eminent-domain grant places permanent high-voltage facilities across private land. Its lines and safety restrictions substantially prevent the owners from using the affected area, although title formally remains in their names. The utility argues that compensation is unnecessary because it seeks only a right-of-way easement and will not obtain absolute ownership. Which response is best?
- Retention of title always defeats a taking claim
- A public utility is categorically exempt from compensation
- An easement can constitute a compensable taking when its restrictions substantially impair property enjoyment
- The owner must first abandon the land before seeking compensation
- Compensation is available only if a building is physically demolished
Legal references
- Spouses Baterna v. National Transmission Corporation, G.R. No. 276920, January 21, 2026, main decision: https://lawphil.net/judjuris/juri2026/jan2026/gr_276920_2026.html
- 1987 Constitution, Article III, Section 9: https://lawphil.net/consti/cons1987.html
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