S.A 2020/21 B.E POLITICAL LAW | Question #3

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 SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN POLITICAL LAW 


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A law is passed which provides that when the Department of Public Works and Highways expropriates property for the government infrastructure projects, it will have the sole and exclusive authority to determine the price to be paid as compensation to the landowner, which amount shall be no more than the assessed value of the property used for real property taxation.

Is this provision of law valid? Explain briefly. 

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SUGGESTED ANSWER:


No, the provision is invalid as it allows confiscation of private property by the government without due process, in violation not only of the due process clause but also of the prohibition against taking of private property without just compensation. The assessed value of a real property is different from that of its fair market value, in that the former is much lower than the actual value of real property. In a long line of cases, the Supreme Court held that the determination of just compensation is a judicial function. 

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Code: S.A 2020/21 B.E POLITICAL LAW | Question #3



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