Title
Ordice for City Land Acquisition
Law
Valenzuela City Ordinance No. 116 Series Of 2013
Decision Date
Jan 14, 2014
Valenzuela City Ordinance No. 116 authorizes the City Mayor to acquire specific parcels of land through purchase or expropriation for public use, including the establishment of facilities like the Paso de Blas High School, while ensuring just compensation to the property owners.
A

Specific Properties Identified for Public Use

  • Two parcels of land in Barangay Paso de Blas, Valenzuela City, were identified as the best sites for government facilities:
    • Lot 1073-B-3-A, 1,470 square meters (Residential)
    • Lot 107-B-2, 2,000 square meters (Commercial)
  • Properties have associated market values based on tax declarations: P800/sqm for the residential lot and P1,500/sqm for the commercial lot.
  • Intended use includes the establishment and expansion of Paso de Blas High School.

Compliance with Constitutional and Legal Due Process

  • The City Government commits to complying with constitutional provisions and applicable laws.
  • Proper notice and offer to buy will be given to registered owners prior to any expropriation.

Eminent Domain Power and Procedure

  • The Local Government Code grants LGUs the power of eminent domain to acquire private property for public use, with just compensation.
  • Section 19 requires:
    • A valid and definite offer to purchase must be made before filing expropriation.
    • Possession can be taken after filing expropriation and depositing at least 15% of the fair market value.
    • The court determines final compensation based on the property's fair market value at the time of taking.

Ordinance Authorization

  • The City Council authorizes the City Mayor to acquire the identified parcels by purchase or expropriation.
  • The ordinance appropriates funds necessary for just compensation based on assessed values.
  • The City Mayor is empowered to execute all documents and acts necessary to effectuate the acquisition.

Legislative Enactment and Ratification

  • The ordinance was enacted by the Valenzuela City Council on January 24, 2014.
  • Signed and attested by the City officials and approved by the City Mayor.

This ordinance serves as a formal legal mandate permitting the City Government of Valenzuela to acquire specified properties for public use, particularly educational infrastructure development, in adherence with constitutional safeguards and due process requirements.


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