Eminent domain
Compulsory acquisition of private property for public use with compensation.
Eminent domain, also known as land acquisition, compulsory purchase, resumption, compulsory acquisition, or expropriation, is the compulsory acquisition of private property for public use. It does not include the power to take and transfer ownership of private property from one private owner to another without a valid public purpose and payment of just compensation. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations when authorized to exercise functions of a public character.
- field
- Law and property rights
- known_for
- Compulsory acquisition of private property for public use with just compensation
- origin_term
- Dominium eminens (Latin for 'supreme ownership')
- common_uses
- Roads, government buildings, public utilities, railroads
Lore & Background
Grotius described the power as follows: 'The property of subjects is under the eminent domain of the state, so that the state or those who act for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of others, but for ends of public utility, to which ends those who founded civil society must be supposed to have intended that private ends should give way. But, when this is done, the state is bound to make good the loss to those who lose their property.'
Reader's Guide
Eminent domain is a significant legal power that balances public need against private property rights. Its most common uses have been for roads, government buildings, and public utilities, with many railroads historically granted the right to obtain land or easements. In the mid-20th century, a new application emerged allowing government to take property and transfer it to a private third party for redevelopment, initially only on 'blighted' properties but later expanded to any private property if it could increase tax revenues. The exercise of eminent domain is not limited to real property; it can also take personal property, including intangible property such as contract rights, patents, trade secrets, and copyrights. A taking must be accompanied by payment of 'just compensation,' which in U.S. courts is typically limited to fair market value considering highest and best use, though some incidental losses are not compensated. The power has been applied globally, with examples including Zimbabwe's land reform movement and China's constitutional provisions for requisitions with compensation. In Europe, the European Convention on Human Rights provides protection, requiring just compensation in cases of expropriation.
Did You Know?
- Eminent domain can be applied to intangible property such as contract rights, patents, trade secrets, and copyrights.
- In the mid-20th century, eminent domain was expanded to allow taking property for transfer to private third parties for redevelopment, initially only on 'blighted' properties.
- Some jurisdictions require the taker to make an offer to purchase the property before resorting to eminent domain.
Frequently Asked Questions
What is eminent domain?
Eminent domain is the government's authority to forcibly take privately owned property when it is needed for a public purpose, provided the owner receives fair compensation. It goes by several other names, including compulsory purchase, expropriation, and resumption.
Where does the term 'eminent domain' come from?
The phrase traces back to the Latin expression *dominium eminens*, which literally translates to 'supreme ownership.' It reflects the idea that the state holds the highest authority over land within its borders, surpassing any individual owner's claim.
Can the government use eminent domain to hand one person's land to another private owner?
No. The power is limited to acquisitions that serve a valid public purpose and must be accompanied by just compensation. Simply transferring ownership from one private party to another without a legitimate public use falls outside the scope of eminent domain.
Who is allowed to exercise eminent domain?
While the power originates with the state, legislatures can delegate it to municipalities, government subdivisions, or even private individuals and corporations when those entities are authorized to carry out functions of a public character.
What are the most common real-world uses of eminent domain?
You will most often see it applied to build roads, construct government buildings, lay public utilities, and develop railroads. In each case the government must demonstrate a public-use justification and compensate the displaced owner fairly.
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