TRINIDAD, Eva Angeline M.
March 8, 2018
2011-41125
File verified complaint
•Purpose of expropriation
•Describe prop sought to be
expropriated
•Join as defendants all persons
owning or claiming to own any
part thereof or interest therein
Court issues ORDER OF
EXPROPRIATION
•Ascertainment of compensation:
court shall appoint not more than
3 commissioners to ascertain the
just compensation for the
property
•If ownership of property taken is
uncertain, or there are conflicting
claims: court may order any sums
awarded as compensation for the
property to be paid for the
benefit of the person adjudged
the owner
•Affected party may appeal
Rule 67 of the Rules of Court: Expropriation
Entry of plaintiff
•Plaintiff now has right to enter
take possession of real prop
•PROVIDED: he deposits with
authorized gov't depositary an
amt equal to assessed value or
prop for purposes of taxation
Rights of plaintff after judgment and
payment
•Plaintiff now has right to ENTER
AND APPROPRIATE the prop for
the public use or purpose defined
in the judgment
•^This right is not
•Plaintiff also has right to RETAIN
the prop if he took immediate
possession thereof
Local Government
Defenses and objections
•If defendant has no
objections: he may file and
serve a notice of appearance
•If defendant has objection to
the filing or to allegations in
complaint: he shall serve his
ANSWER within time stated in
summons
Recording of judgment and effect
•Judgment entered shall dictate
adequate description of
particular property
•If real estate, certified copy of
judgment shall be recorded in
the registry of deeds
•EFFECT: vest in the plaintiff the
title to real estate so described
for such public use or purpose