| Eminent domain (United States), compulsory purchase (United
Kingdom, New Zealand, Republic of Ireland), resumption/compulsory
acquisition (Australia) or expropriation (South Africa and
Canada) in common law legal systems is the inherent power
of the state to seize a citizen's private property, expropriate
property, or rights in property, without the owner's consent.
The property is taken either for government use or by delegation
to third parties who will devote it to "public use or
civic" or in some cases, economic development. The most
common uses of property taken by eminent domain are public
utilities, highways, and railroads. Some states require that
the government body offer to purchase the property before
resorting to the use of eminent domain.
The term "expropriation" as used in the law of
eminent domain is not to be confused with situations in which
private property is seized by revolutionary governments from
its former owners and confiscated without payment. It should
also be differentiated from forfeiture which is an uncompensated
seizure of contraband from criminals and its confiscation
by the government.
The term "condemnation" is used to describe the
formal act of the exercise of the power of eminent domain
to transfer title to private property from its rightful owner
to itself. It is not to be confused with the same term that
describes a declaration that real property, generally a building,
has become so dilapidated as to be legally unfit for human
habitation due to its physical defects. This type of condemnation
of buildings (on grounds of health and safety hazards or gross
zoning violation) usually does not deprive the owners of the
title to the property condemned but requires them to rectify
the offending situation or have the government do it for them
and bill them for the cost.
Condemnation via eminent domain indicates the government
is taking the property or an interest in it, such as an easement.
In most cases the only thing that remains to be decided when
a condemnation action is filed is the amount of just compensation,
although in some cases the right to take may be challenged
by the property owner on the grounds that the attempted taking
is not for a public use, or has not been authorized by the
legislature, or because the condemnor has not followed the
proper procedure required by law.
The exercise of eminent domain is not limited to real property.
Governments may also condemn personal property, such as supplies
for the military in wartime, franchises, as well as intangible
property such as contracts, patents, trade secrets, and copyrights.
<< Go
Back
|