Eminent domain
From The Art and Popular Culture Encyclopedia
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Eminent domain (United States, Philippines), land acquisition (Singapore), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption (Hong Kong, Uganda) resumption/compulsory acquisition (Australia), or expropriation (France, Italy, Mexico, South Africa, Canada, Brazil, Portugal, Spain, Chile, Sweden) is the power of a state, provincial, or national government to take private property for public use. However, this power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functions of public character.
The property may be taken either for government use or by third parties through legislative delegation of the taking power, when those parties are authorized to use it for public or civic uses or, in some cases, for economic development. The most common uses of property taken by eminent domain are for roads and government buildings and other facilities, public utilities. Some jurisdictions require that the taker make an offer to purchase the subject property, before resorting to the use of eminent domain.
However, once the property is taken and the judgment is final, the condemnor owns it in fee simple, and may put it to uses other than those specified in the eminent domain action.
Takings may be of the subject property in its entirety (total take) or in part (part take), either quantitatively or qualitatively (either partially in fee simple or, commonly, an easement, or any other interest less than the full fee simple title).
See also
- Angary
- Confiscation
- Individual reclamation
- Land bonds
- Legal plunder
- Navigable servitude
- Public use
- Water law
