Forfom Development v. PNR, Case Digest
Forfom Development v. PNR, Case Digest
And due to estoppel, P cannot object to PRs lease of land to 3rd parties, since it impliedly acquiesced to PRs
authority to expropriate. The leasing is for public use, such requisite being flexible and evolving influenced by
changing conditions. Whatever is beneficially employed for general welfare satisfies public use requirement. Public
use has now been held to be synonymous with public interest, public benefit, public welfare, and public
convenience. Includes the broader notion of indirect public benefit or advantage. Whatever may be beneficially
employed for the general welfare satisfies the requirement of public use. The leasing was an incidental power and in
response to governments social housing project, that to prevent squatting, special strict contracts entered into to
vacate leased property upon notice. Public because addresses shortage of housing, concern of state, directly affecting
public health, environment, general welfare.
Just compensation: court appoints max3 competent, disinterested persons as commissioners to report just
compensation for property. Though ascertainment is judicial prerogative, appointment of commissioners is
mandatory in expropriation cases. While commission findnigs may be disregarded, court substituting own values,
may only do so for valid reasons, e.g. where they applied illegal principles to submitted evidence, where disregarded
clear preponderance of evidence, or where amount allowed is grossly inadequate or excessive. So trial with
commissioners is substantive right, cannot be done away with capriciously.
Here, no appointments made. So valuation ineffectual. Where actual taking made without proceedings, and owner
sought recovery prior to filing of expropriation proceedings, it is value at time of taking. Here, should be from
taking on 1/1973, but comissioners must first be appointed. But PNRs occupation for 18years entitles payment of
interest. No return of leased portions, or rent, because right was impliedly turned over to PNR. PR directed to
institute expropriation proceedings.