WHAT DO YOU NEED TO KNOW?
What is Expropriation?
Expropriation is a legal process by which the government acquires private property for public use. In the Philippines, expropriation is governed by various laws and regulations, including the Philippine Constitution, the Local Government Code, and the Rules of Court. If you own a business or property that may be subject to expropriation, here’s what you need to know:
- Legal basis for expropriation. Expropriation is allowed by law, but it must be for public use and with just compensation. Public use can include the construction of roads, airports, schools, and other infrastructure projects that benefit the general public. Just compensation is the full and fair market value of the property at the time of the taking.
- Process of expropriation. Expropriation proceedings are initiated by the government agency that needs the property. The property owner will be notified and given an opportunity to negotiate the compensation. If an agreement cannot be reached, the government agency may file a case in court to determine the just compensation.
- Rights of the property owner. The property owner has the right to receive just compensation for the property. The property owner also has the right to due process, which includes the right to a hearing, the right to present evidence, and the right to be represented by counsel.
- Remedies for the property owner. If the property owner believes that the compensation offered is inadequate, they can file a protest with the government agency or with the court. The property owner can also appeal the court’s decision on just compensation.
- Importance of getting legal advice. Expropriation can be a complex and lengthy process. If you own a business or property that may be subject to expropriation, it’s important to get legal advice to ensure that your rights are protected and that you receive just compensation.
- Hiring a real estate appraiser. A real estate appraiser plays a crucial role in determining the fair market value of a property in the context of an expropriation case. The appraiser’s job is to assess the value of the property, taking into account various factors such as its location, size, condition, and prevailing market conditions.
In an expropriation case, the appraiser is typically hired by the landowner or the government agency undertaking the expropriation. The appraiser’s valuation serves as the basis for determining the just compensation that the landowner is entitled to receive. The appraiser may also be called upon to testify in court to support their valuation and to answer questions from the judge or opposing counsel.
What is the role of AA Appraisal and Consultancy?
AA Appraisal and Consultancy is a leading real estate appraisal and consultancy firm in the Philippines. Their role in expropriation cases is to provide professional appraisal services to assist property owners in determining the fair market value of their properties that are subject to expropriation. This includes analyzing relevant data and information, conducting property inspections, and applying appropriate appraisal methodologies to arrive at an accurate and reasonable valuation.
In addition, AA Appraisal and Consultancy may also provide expert witness testimony in court or administrative hearings to defend their valuation and provide guidance and advice to property owners on legal and procedural matters related to the expropriation process. Their goal is to ensure that property owners are fairly compensated for the value of their properties and that their rights are protected throughout the expropriation process.
The firm is headed by Mr. Augusto “Gus” Agosto. He has over a decade years of experience in the real estate industry, and he has provided his services to various clients including government agencies, private companies, and individuals. He is also a licensed real estate broker, consultant and environmental planner. Mr. Agosto is known for his expertise in expropriation cases and has been involved in several high-profile expropriation cases in the Philippines.
Remember that while expropriation may be necessary for public use, it should always be done in a fair and just manner. As a business owner or property owner, it’s important to be aware of your rights and to seek legal advice if needed.
Contact us:
Website: www.appraiserph.com
Email: appraiserph@gmail.com
Phone: +63 9174885555
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