Eminent domain (US), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption (Australia) or expropriation (Canada, South Africa) in common law legal systems is the inherent power of the state to expropriate private property without the owner's consent, either for its own use or by delegation of the taking power to third parties who will devote it to "public uses," the most common examples being public utilities or railroads. The term eminent domain is used primarily in the United States, where the term was derived in the mid-19th century from a legal treatise written by the Dutch jurist Hugo Grotius in 1625, who used the term dominium eminens. The term compulsory purchase, also originating in the mid-19th Century, is used primarily in England and Wales, and other jurisdictions that follow the principles of English law. Originally, the power of eminent domain was assumed to arise from natural law as an inherent power of the sovereign. Some states (New York, Louisiana) use the term "appropriation" as a synonym for an eminent domain taking. United States is the current Good Article Collaboration of the week! Please help to improve this article to the highest of standards. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Expropriation is the act of removing from control the owner of an item of property. ... This page deals with property as ownership rights. ... Alternative meaning: Nineteenth Century (periodical) (18th century — 19th century — 20th century — more centuries) As a means of recording the passage of time, the 19th century was that century which lasted from 1801-1900 in the sense of the Gregorian calendar. ... Hugo Grotius Hugo Grotius (Huig de Groot, or Hugo de Groot; Delft, 10th April 1583 - Rostock, 28th August 1645) worked as a jurist in the United Provinces (now the Netherlands) and laid the foundations for international law, based on natural law. ... Alternative meaning: Nineteenth Century (periodical) (18th century — 19th century — 20th century — more centuries) As a means of recording the passage of time, the 19th century was that century which lasted from 1801-1900 in the sense of the Gregorian calendar. ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ... It has been suggested that Law of nature (precept) be merged into this article or section. ... Sovereignty is the exclusive right to exercise supreme political (e. ...

Governments most commonly use the power of eminent domain when the acquisition of real property is necessary for the completion of public projects such as roads, military installations, or public buildings. Some states require that before resorting to the use of eminent domain the condemning body must make an offer of purchase to the owner. The factual accuracy of this article is disputed. ...

The term expropriation as used in the law of eminent domain is not to be confused with situations in which private property is seized from thieves and confiscated by the government.

The term "condemnation" is used to describe the act of a government exercising its 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 owner of the title to the property condemned but requires the owner to rectify the offending situation.

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. NB: This article is manifestly incorrect outside of US law. ...

The exercise of eminent domain is not limited to real property. Governments may also condemn personal property, including a contract or a franchise, as well as intangible property such as patents, trade secrets and copyrights. A contract is a promise or an agreement that is enforced or recognized by the law. ...

Allodial vs Feodal Title

Allodial title is the title to land generally held in freehold, by an individual or group that is sovereign on that land. Thus, in English Law, only the Monarch holds Allodial Title. All others are tenants of the sovereign through their feudal vassalages. Sovereigns generally gain allodial title either by grant of another sovereign to such title, or through Right of conquest. In this respect, while colonial American land grants were typically feudal grants in fee-simple, the victory of the American cause in the Revolutionary War is considered an act of conversion to allodial title, such that the King was no longer the sovereign of the colonies, however the new holders in this case are the several states that engaged in the revolution, and it is upon this basis that the practice of fee-simple titles is continued in the United States. This is an issue of dispute by right wing groups, however, with some individuals occasionally attempting to patent allodial titles to their land. Some states, namely Nevada have instituted an Allodial Title Program in which property owners can purchase Allodial Title to their land essentially by paying an amount discounted from the sum of all future property taxes for the term of the owner's life expectancy. Allodial title is a concept in some systems of property law. ... The right of conquest is the purported right of a conqueror to territory taken by force of arms. ... The American Revolutionary War (1775–1783), also known as the American War of Independence, was a war fought primarily between Great Britain and revolutionaries within thirteen of her North American colonies. ... This article does not cite its references or sources. ... Allodial title is a concept in some systems of property law. ...

United States

In the United States, the Fifth Amendment to the Constitution requires that just compensation be paid when the power of eminent domain is used, and requires that the property be taken for "public use". These requirements are sometimes called the "takings clause." The U.S. Supreme Court has largely given the "public use" requirement an expansive interpretation and has allowed takings of private property for reconveyance to other private parties, or in some cases by private parties directly, on the theory that the new owners will put the taken land to more lucrative uses that are likely to generate more tax revenues. Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ...

Over the years the definition of "public use" has expanded to include so-called economic redevelopment projects that use eminent domain seizures to enable new commercial development or redevelopment for the purpose of improving the community. The Supreme Court's decision in Kelo v. New London, 125 S. Ct. 2655 (2005) allowing such takings has inspired widespread protests and the legislatures of several states have enacted or are considering state legislation that would curb this practice. The Supreme Courts of Illinois, Michigan, Ohio and Georgia have recently ruled to the contrary, and do not allow such takings under their state constitutions.

The protesters maintain that the Kelo judicial approach favors wealthy redevelopers at the expense of taxpayers and individual property owners, and encourages profligate municipal expenditures in support of dubious private projects that sometimes fail to achieve the promised public benefits.

Most courts have held the fair market value of the condemned property to be the constitutionally required "just compensation." Its determination is a judicial question, and it is usually determined in a trial by jury, on the basis of the parties' appraisal testimony. Some states (Connecticut, New York and Rhode Island) do not use juries. There, condemnation awards are made by judges.[1] Critics contend this damages personal property rights.

Public Use

The current Supreme Court understanding dates back to 1984 when Justice O'Connor held in Hawaii Housing Authority v. Midkiff, 467 U.S. 229 (1984) that Hawaii's redistribution of land passed constitutional muster. One must understand what the High Court had held as "public" in public use; for local government in zoning cases as in Village of Euclid v. Ambler Realty Co., 272 U.S. 365 (1926) and in city urban renewal projects like in Berman v. Parker, 348 U.S. 26 (1954) public use was quite expansive. O'Connor tried to craft an opinion which allowing for the state's actions, tried to limit incentives for expansive views of public use. In an earlier case Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982), Justice Thurgood Marshall struck a blow for private property ruling that because the cable TV company's use of the property owner's building (landlord Loretto) was not a public use; even using an inch of the exterior of the building trenched upon the owner's Fifth Amendment "takings clause" rights and held the cable TV company use of that tiny part to be unconstitutional. Justice Sandra Day OConnor Sandra Day OConnor (born March 26, 1930) has been an Associate Justice of the Supreme Court of the United States since 1981. ... Hawaii Housing Authority v. ... // Case citation is the system used in common law countries such as the United States, England and Wales, Canada, New Zealand, Australia and India to uniquely identify the location of past court cases in special series of books called reporters or law reports. ... 1984 (MCMLXXXIV) was a leap year starting on Sunday of the Gregorian calendar. ... // Case citation is the system used in common law countries such as the United States, England and Wales, Canada, New Zealand, Australia and India to uniquely identify the location of past court cases in special series of books called reporters or law reports. ... 1926 (MCMXXVI) was a common year starting on Friday (link will take you to calendar). ... Holding The court ruled that private property could be taken for a public purpose with just compensation. ... // Case citation is the system used in common law countries such as the United States, England and Wales, Canada, New Zealand, Australia and India to uniquely identify the location of past court cases in special series of books called reporters or law reports. ... 1954 (MCMLIV) was a common year starting on Friday of the Gregorian calendar. ... // Case citation is the system used in common law countries such as the United States, England and Wales, Canada, New Zealand, Australia and India to uniquely identify the location of past court cases in special series of books called reporters or law reports. ... 1982 (MCMLXXXII) was a common year starting on Friday of the Gregorian calendar. ... Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American jurist and the first African American to serve on the Supreme Court of the United States. ...

The current rule on public use upholding the eminent domain power of state government was generally affirmed by Kelo v. City of New London, 125 S. Ct. 2655 (2005), though the justices recognised that the several states have the authority to pass statutes or state constitutional amendments further restricting eminent domain by either defining "public use" narrowly in their states or by granting property owners more rights than the federal Constitution if they so chose. Many have taken up the challenge, with Alabama, New Hampshire, and several other states passing temporary statutes as well as constitutional amendments to restrict eminent domain strictly to uses in which the property will be owned by a government entity. Holding The governmental taking of property from one private owner to give to another in furtherance of economic development constitutes a permissible public use under the Fifth Amendment. ... // Case citation is the system used in common law countries such as the United States, England and Wales, Canada, New Zealand, Australia and India to uniquely identify the location of past court cases in special series of books called reporters or law reports. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... This article or section does not cite its references or sources. ... This article does not cite its references or sources. ...

Economic argument of hold outs

Supporters contend that seizures of private property are necessary to the improvement of communities in many situations in which transactions costs will prevent private parties from reaching efficient use of land. However, when the use to which the condemnation process was done for is in reality a private use, one wonders if O'Connor succeeded (as her dissent in the next case beiles). In Calder v. Bull, 3 U.S. 386 (1798), Justice Samuel Chase thought it was preposterous for the government to take one person's property with no restriction and give it to another private party for their own profit. The Case of Calder v. ... Samuel Chase painting by John Beale Bordley (1836). ...

In other cases, eminent domain has been used by communities to take control of planning and development. Such is the case of the Dudley Street Initiative [2], a community group in Boston, Massachusetts, which attained the right to eminent domain and has used it to reclaim vacant properties for the purpose of positive community development. Nickname: City on a Hill, Beantown, The Hub of the Universe (The State House, according to Oliver Wendell Holmes, is the hub of the Solar System), Athens of America Location in Massachusetts Counties Suffolk County Mayor Thomas Menino (D) Area    - City 232. ...

In the United States, the use of eminent domain has been a powerful driver in the development of the country and its defense structure, enabling connections to be created that would have been unlikely without its use. In the last century it was a tool that enabled the construction of the many defense installations during World War II and the Cold War. Beginning in the early 1950's the Interstate Highway System began and eminent domain was used to purchase the 42,000+ miles of rights of way needed for construction. Without eminent domain the Interstate would never have been built out to its current extent. It has until recently been almost totally used for such public works, additionally including ports and airports and government complexes nationwide. The Dwight D. Eisenhower National System of Interstate and Defense Highways, commonly called the Interstate Highway System, is a network of freeways in the United States. ...

Nuisance law

When a property owner's use is improper, the state under its broad police power may ban it as in Hadacheck v. Sebastian 239 U.S. 394 (1915) in which Justice McKenna held that an owner of a brickyard business was not entitled to compensation because the zoning laws in Los Angeles prohibited his use because it was a nuisance. // Case citation is the system used in common law countries such as the United States, England and Wales, Canada, New Zealand, Australia and India to uniquely identify the location of past court cases in special series of books called reporters or law reports. ... 1915 (MCMXV) was a common year starting on Friday (see link for calendar). ... Nuisance is a common law tort. ...

Safeguards against government action

Property-rights advocates contend that abuses of the exercise of these powers in the past require substantial safeguards to the public today, including requirements to force the various governments units that use eminent domain to document the need for it and allow the public access to and comment on the proceedings before the real property can be seized. Federal statutes require complete relocation programs to be administered by the various states in order to receive Federal participation in the costs of the improvements (often 80%) and further require full certification that the public process and benefits were offered to the claimants and that the benefits were actually paid to the correct claimants and displacees. The use of eminent domain has slowed dramatically nationwide as the full build-out of the Interstate System approaches and reflects the fact that needs in the future will be for mostly projects of a local nature such as: schools, roads, and other local improvements. The extensive use of eminent domain for such purposes as economic development are currently under attack in many jurisdictions and there is a movement to pass state statutes to limit this use. Governor Richardson of New Mexico became the first governor to veto eminent domain reform legislation resulting from this recent surge in public interest.[3] William Blaine Bill Richardson (born November 15, 1947) is an American politician and a member of the Democratic Party. ...

Bush Executive Order

On June 23, 2006, President George W. Bush issued an executive order stating in Section I that the Federal Government must limit its use of taking private property for "public use" with "just compensation", which is also stated in the constitution, for the "purpose of benefiting the general public." He limits this use by stating that it may not be used "for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken."[4] June 23 is the 174th day of the year (175th in leap years) in the Gregorian Calendar, with 191 days remaining. ... 2006 (MMVI) is a common year starting on Sunday of the Gregorian calendar. ... The presidential seal was used by President Hayes in 1880 and last modified in 1959 by adding the 50th star for Hawaii. ... George Walker Bush (born July 6, 1946) is an American businessman and politician, was elected in 2000 as the 43rd President of the United States of America, re-elected in 2004, and is currently serving his second term in that office. ... An executive order is an edict issued by a member of the executive branch of a government, usually the head of that branch. ...

Examples

• Controversy on the Delaware: A Look Upstream at the Tocks Island Dam Project
• United States v. Carmack

Europe

In many European nations, the European Convention on Human Rights provides protection from appropriation of private property by the state. Article 8 of the Convention provides that "Everyone has the right to respect for his private and family life, his home and his correspondence" and prohibits interference with this right by the state, unless the interference is in accordance with law and necessary in the interests of national security, public safety, economic well-being of the country, prevention of disorder or crime, protection of health or morals, or protection of the rights and freedoms of others. This right is expanded by Article 1 of the First Protocol to the Convention, which states that "Every natural person or legal person is entitled to the peaceful enjoyment of his possessions". Again, this is subject to exceptions where state deprivation of private possessions is in the public interest, is in accordance with law, and, in particular, to secure payment of taxes. The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights (ECHR), was adopted under the auspices of the Council of Europe[1] in 1950 to protect human rights and fundamental freedoms. ... Security measures taken to protect the Houses of Parliament in London, England. ... The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights (ECHR), was adopted under the auspices of the Council of Europe[1] in 1950 to protect human rights and fundamental freedoms. ... Public interest is a term used to denote political movements and organizations that are in the public interest—supporting general public and civic causes, in opposition of private and corporate ones (particularistic goals). ... A tax (also known as a duty) is a financial charge or other levy imposed on an individual or a legal entity by a state or a functional equivalent of a state (e. ...

In France, the Declaration of the Rights of Man and of the Citizen similarly mandates just and preliminary compensation before expropriation. Declaration of the Rights of Man and of the Citizen: Revolutionary patriotism borrows familiar iconography of the Ten Commandments Wikisource has original text related to this article: Declaration of the Rights of Man and of the Citizen The Declaration of the Rights of Man and of the Citizen (French: La...

England and Wales

In England and Wales, and other jurisdictions that follow the principles of English law, the related term compulsory purchase is used. The operative law is a patchwork of statutes and case law. The principal Acts are the Lands Clauses Consolidation Act 1845, the Land Compensation Act 1961, the Compulsory Purchase Act 1965, the Land Compensation Act 1973, part IX of the Town and Country Planning Act 1990, the Planning and Compensation Act 1991, and the Planning and Compulsory Purchase Act 2004. English law is a formal term of art that describes the law for the time being in force in England and Wales. ... The Town and Country Planning Act 1990 was passed to better regulate the way in which large and small scale developments were approved by local authorities. ... The Planning and Compensation Act 1991 was an Act of Parliament in the United Kingdom to amend the law relating to town and country planning; to extend the powers to acquire by agreement land which may be affected by carrying out public works; to amend the law relating to compulsory... The Planning and Compulsory Purchase Act 2004 is a piece of a legislation promoted by the Office of the Deputy Prime Minister, substantially reforming the town planning and compulsory purchase framework in the United Kingdom. ...

Australia

In Australia, s51(xxxi) of the Constitution permits the federal government to make laws with respect to "the acquisition of property on just terms from any State or person for any purpose in respect of which the Parliament has power to make laws". This has been construed to not necessarily mean just compensation as a just term might not of necessity be monetary or proprietary recompense. However, it is for the court to determine what is just and it may be necessary to imply a need for compensation in the interests of justice, lest the law be invalidated (Andrews v Howell (1941) 65 CLR 255).

For the purposes of s51(xxxi), money is not property which may be compulsarily acquired; the Commonwealth must also derive some benefit from the property acquired and not merely seek to extinguish the previous owner's title (Mutual Pools and Staff Pty Ltd v Commissioner of Taxation (1992) 173 CLR 450). A statutory right to sue has been considered "property" under this section (Smith v ANL Ltd (2000) 176 ALR 449).

Other countries

Many countries recognize eminent domain to a much lesser extent than the English-speaking world or do not recognise it at all. Japan, for instance, has very weak eminent domain powers, as evidenced by the high-profile opposition to the expansion of Narita International Airport, and the disproportionate amounts of financial inducement given to residents on sites slated for redevelopment in return for their agreement to leave, one well-known recent case being that of Roppongi Hills. Narita International Airport ) (IATA: NRT, ICAO: RJAA) is an international airport located in Narita, Chiba, Japan, in the eastern portion of the Greater Tokyo Area. ... Roppongi Hills Roppongi Hills ) is one of Japans largest integrated property developments, located in the Roppongi district of Tokyo. ...

There are other countries such as the People's Republic of China that practice eminent domain whenever this is necessary to make space for new communities and government structures. Singapore practices eminent domain under the Land Acquisitions Act which allows it to carry out its Selective En bloc Redevelopment Scheme for urban renewal. The Amendments to the Land Titles Act allowed property to be purchased for purposes of urban renewal against an owner sharing a collective title if the majority of the other owners wishes to sell and the minority did not. Thus, eminent domain often invokes concerns of majoritarianism. The Selective En bloc Redevelopment Scheme, or SERS for short, is an urban redevelopment strategy employed by the Housing and Development Board in Singapore in maintaining and upgrading public housing flats in older estates in the city. ... Majoritarianism is a political philosophy or agenda which asserts that a majority (sometimes categorized by religion, language or some other identifying factor) of the population is entitled to a certain degree of primacy in society, and has the right to make decisions that affect the society. ...

Most recently (and infamously) in Zimbabwe, the government of Robert Mugabe seized a great deal of land and homes of mainly poor villagers thought to be political opponents of his regime. Robert Mugabe Robert Gabriel Mugabe, honorary KCB (born February 21, 1924) is a Zimbabwean politician. ...

Etymology

The Latin term dominium eminens ("supreme lordship") was used in the 17th century by Grotius to describe the concept explained above. Latin is an ancient Indo-European language originally spoken in Latium, the region immediately surrounding Rome. ... (16th century - 17th century - 18th century - more centuries) As a means of recording the passage of time, the 17th century was that century which lasted from 1601-1700. ... Hugo Grotius Hugo Grotius (Huig de Groot, or Hugo de Groot; 10th April 1583 - 28th August 1645) worked as a jurist in the Dutch Republic and laid the foundations for international law, based on natural law. ...

Further reading

• Dana Berliner, Opening the Floodgates; Eminent Domain Abuse in a Post-Kelo World, Institute for Justice, June 2006. Available online [5].

• Redevelopment Wrecks; 20 Failed Projects Involving Eminent Domain Abuse, Institute for Justice, June 2006. Available online [6].

• Myths and Realities of Eminent Domain Abuse, Institute for Justice, June 2006. Available online [7].

• Steven Greenhut, Abuse Of Power: How The Government Misuses Eminent Domain, Seven Locks Press, June, 2004, trade paperback, 312 pages, ISBN 1-931643-37-7

• Eminent Domain Abuse Survival Guide, Castle Coalition, Available online [8].

• Dana Berliner, Public Power, Private Gain, Institute for Justice, April 2003. Available online [9].

• A.J. Hazarabedian, California Eminent Domain Handbook, California Eminent Domain Law Group, June 2005. Available free online [10].

External links

• "Jeb Bush Claims Insufficient Notice For Eminent Domain" Public Notice Resource Center (June 2006)
• Guide to Eminent Domain Laws in California - California Eminent Domain Handbook California Eminent Domain Law Group, APC (June, 2005)
• Main, Carla How Eminent Domain Ran Amok Policy Review (October 2005)
• China Eminent Domain ruling in favor of farmers. Nanfang Daily reports 124 families in Zhujiang receive totoal of RMB$31,000,000 in land acquisition compensation.
• Barry Yeoman, Whose House Is It Anyway?, AARP: The Magazine
• "House Passes Private Property Protection Act", US House of Representatives, November 3, 2005
• " H. R. 4128 IN THE SENATE OF THE UNITED STATES , ", House passes HR4128 by 376-38, November 4, 2005
• "FINAL VOTE RESULTS FOR ROLL CALL 568 on HR4128", How did your representatives vote?, November 4, 2005
• KELO ET AL. v. CITY OF NEW LONDON ET AL. Opinion
  • PDF original format, Supreme Court Decision, June 23, 2005
  • HTML version from Cornell's Legal Information Institute
• "Eminent domain up close" by Susette Kelo of Kelo v. City of New London
• Public Power, Private Gain - Eminent-domain abuse widespread in US.
• http://www.cleveland.com/news/plaindealer/index.ssf?/base/cuyahoga/1096536915218230.xml "Panelists discuss eminent domain" by Thomas Ott, Cleveland Plain Dealer, September 30, 2004]
• Commentary in The Washington Times by Dana Berliner, 2004
• "GOVERNMENT VS. PRIVATE PROPERTY OWNERS: DCX expansion forces small repair shop to give up land" Sarah A. Webster, August 17, 2004, Detroit Free Press
• "Eminent Domain Nightmares: Interview with Dino Paspalakis on his fight against eminent domain abuse" Interviewer: Bill Mabon, February 8, 2005, NewPatriot Radio
• Alabama limits eminent domain Washington Times August 4, 2005
• Government Usage of Eminent Domain in Lucent Project Denies Patent Owners Profits Wired News, September 20, 2005
• "BB&T opposes seizing land for private use" Journal Now, January 26, 2006
• U.S. government regulations The source of direction in the United States to state agencies and federal agencies using eminent domain in federal aid projects.
• saveourfarm.com - an example of a lengthy legal battle over public domain (that has since been resolved) in Pennsylvania (US).