Expropriations in local PPPs
CAN a local government unit (LGU) expropriate private property and contribute the use of that property in a public-private partnership (PPP)? Yes!
Eminent domain defined. This power, also referred to as the power to expropriate, is delegated to all LGUs. Under the 1991 Local Government Code, an LGU may, through its local chief executive and acting pursuant to an ordinance, exercise the power of eminent domain for public use, or purpose or welfare for the benefit of the poor and the landless, upon payment of just compensation to be determined by the courts.
Same purpose as PPPs. Eminent domain and PPPs share the same objective, i.e., the public good, purpose and welfare. All local PPP projects, which are projects undertaken through the collaboration between an LGU and a PSP, must redound to benefit of the public.
Possible objects of expropriation for PPPs. An LGU monorail, socialized housing, bridge, road, expressway, fiber optic, realty redevelopment or expansion, power plant or sewerage project, may require the use of land which neither the LGU nor the PSP owns or has beneficial use over.