We handled a number of expropriation cases already, as part of our litigation appraisal expertise.
When the DPWH or another condemning authority wants to condemn your property, appraisal was done to determine what is owed for what they are taking. You should request a copy of it because they typically don’t give you one when they make you an offer. If you want to counter the offer, you may need to get an independent appraisal.
Within 30 days, you have two options. Get a general appraisal or an Expert Eminent Domain Appraisal.
This is the general appraisal most property and home owners receive when they are looking to buy a house. Unfortunately it is typically not nearly detailed enough for eminent domain purposes. These types of appraisals miss key factors that could show you may be owed more for your property. Some of the factors we’ve seen missed are zoning, environmental, traffic, and engineering issues for starters. If you purchase this kind of appraisal, you may be wasting your money and eventually damaging your case.
An Expert Eminent Domain Appraisal
Our appraisal is much more detailed. You need an appraiser who is experienced in these types of appraisals and who is willing to do the work necessary to understand your property, value it correctly, and create a report that can stand up under oath in court, if necessary.
It will also consider the things the court and the DPWH won’t and don’t have to, like medians and possibly lost profits from your business.
The appraisal is sometimes performed by a whole team of experts and it is similar to the DPWH in length ). These types of appraisals cover many different factors, but here are two of the most important.
Highest and Best Use
In eminent domain situations, you’re supposed to be paid not only for your land in its present state (what most standard appraisals measure), but for your property’s “highest and best use” or the most productive you could have developed the property.
Damages to the Remainder
In partial taking, the appraiser should determine the property value before and immediately after the taking of the property. The consequential damages it created to the property.
This is a very important point.
Let’s say you own a piece of land large enough to build a commercial building on it. The DPWH wants a large part of your property to build a new highway. Once they’ve taken your property, the remainder isn’t large enough to develop. Eminent domain appraisals should take into account what the DPWH takes and whether that taking made your remaining land less valuable or worthless. Valuing property this way involves a lot of hypotheticals and even expert opinions can vary greatly. Since these appraisals are so in-depth, you don’t want to have to do more than one, so it’s very important to make sure you have the right team putting it together.
Some typical government projects are as follows:
The build, build, build program of the government have been a major source of cases involving expropriation.
Napocor expansion projects in major areas in Cebu and other provinces.
Provincial, city and municipal projects from road construction, schools, sport gym, memorial and other projects.
Partial list of Clients in Litigation and Expropriation Cases:
- Law offices of Mark Grotewohl – California, USA
- Finemore, Walters & Story Law firm – Brisbane, Australia
- GSE Law Firm – Ortigas, Mandaluyong City, Philippines
- Inso Law Office – Cebu City, Philippines
- Chua Law Office – Cebu City, Philippines
- Agustin Law Office – Talisay City, Philippines
- Gaanan Law Office – Cebu City, Philippines
- Bael Law Office – Cebu City, Philippines
- Mercado-Gephart Nacua Nillama Nuez Moeller Law – Cebu City
- CCTDA Law – Cebu City
- Atup Uy Hong & Associates Law Offices – Cebu City
- Berongoy & Monteclar Law Firm – Cebu City