Political Law, 2011 Bar — Question 19

MULTIPLE CHOICE

The government sought to expropriate a parcel of land belonging to Y. The law provides that, to get immediate possession of the land, the government must deposit the equivalent of the land’s zonal value. The government insisted, however, that what apply are the rules of court which require an initial deposit only of the assessed value of the property. Which should prevail on this matter, the law or the rules of court? (A) Both law and rules apply because just compensation should be fixed based on its zonal or assessed value, whichever is higher. (B) Both law and rules apply because just compensation should be fixed based on its zonal or assessed value, whichever is lower. (C) The law should prevail since the right to just compensation is a substantive right that Congress has the power to define. (D) The rules of court should prevail since just compensation is a procedural matter subject to the rule making power of the Supreme Court.

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