Eminent Domain

The government's power to take private property for public use, and the requirement to provide just compensation to the owner.

What is eminent domain?

- "Eminent domain is the power of a state, provincial, or national government to take private property for public use."

What are some other terms used to refer to eminent domain in different countries?

- "Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase (Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia, Barbados, New Zealand, Ireland), or expropriation (Canada, South Africa and all the other countries)."

Does eminent domain involve transferring ownership of private property to another private owner?

- "It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose."

Can government entities delegate the power of eminent domain to other entities or individuals?

- "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."

What are some common uses of property taken by eminent domain?

- "The most common uses of property taken by eminent domain have been for roads, government buildings, and public utilities."

In the mid-20th century, how was eminent domain used in a new way?

- "A new application of eminent domain was pioneered, in which the government could take the property and transfer it to a private third party for redevelopment."

Why were certain properties initially targeted for eminent domain in redevelopment cases?

- "This was initially done only to a property that has been deemed 'blighted' or a 'development impediment', on the principle that such properties had a negative impact upon surrounding property owners."

Was the scope of eminent domain expanded for redevelopment purposes?

- "Later expanded to allow the taking of any private property when the new third-party owner could develop the property in such a way as to bring in increased tax revenues to the government."

Are there jurisdictions with requirements for making offers to purchase before using eminent domain?

- "Some jurisdictions require that the taker make an offer to purchase the subject property before resorting to the use of eminent domain."

What happens to the property once it is taken through eminent domain?

- "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."

Can properties be taken in their entirety or only partially through eminent domain?

- "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)."

Which countries use the term "land acquisition" instead of eminent domain?

- "Land acquisition (India, Malaysia, Singapore)."

In which jurisdictions is the term "compulsory purchase" used?

- "Compulsory purchase (Ireland, United Kingdom)."

What term is used in Hong Kong and Uganda for the power of taking private property?

- "Resumption (Hong Kong, Uganda)."

Which countries use the term "expropriation"?

- "Expropriation (Canada, South Africa and all the other countries)."

What is the initial justification for taking a property through eminent domain in redevelopment cases?

- "Deemed 'blighted' or a 'development impediment'."

What was the motivation behind expanding the scope of eminent domain in redevelopment cases?

- "To bring in increased tax revenues to the government."

Can private entities exercise the power of eminent domain if authorized by the legislature?

- "Authorized by the legislature to exercise the functions of public character."

What are some historical uses of eminent domain?

- "Many railroads were given the right of eminent domain to obtain land or easements in order to build and connect rail networks."

What are some traditional uses of property taken through eminent domain?

- "For roads, government buildings, and public utilities."