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Lloyds Industrial Richfield Corporation vs. NPC

[G.R. No. 190207] LLOYDS INDUSTRIAL RICHFIELD CORPORATION (NOW MERGED WITH AND KNOWN AS REPUBLIC CEMENT CORPORATION), PETITIONER, VS. NATIONAL POWER CORPORATION, RESPONDENT. [G.R. No. 190213] NATIONAL POWER CORPORATION, PETITIONER, VS. LLOYDS RICHFIELD INDUSTRIAL CORPORATION, RESPONDENT.

G.R. No. 190207 | 2021-06-30

D E C I S I O N
 
LEONEN, J.:
 
A true easement of right of way imposes burdens on another's property without depriving the owner of its use and enjoyment. When the burden is too cumbersome as to indefinitely restrict the owner from using the property, the easement is considered a taking within the meaning of Constitution—in which case, full just compensation, not just an easement fee, must be paid.

This Court resolves the consolidated Petitions for Review on Certiorari[1] both partly assailing the Decision[2] and Resolution[3] of the Court of Appeals, which affirmed the Regional Trial Court Decision[4]...