Global InformationEminent domain information
Eminent domain (United States, Philippines), land acquisition (India, Malaysia,[1][2] Singapore), compulsory purchase (Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia, Barbados, New Zealand, Ireland), or expropriation (Canada, South Africa) is the power to take private property for public use. 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.[3] This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public character.[4]
The most common uses of property taken by eminent domain have been for roads, government buildings and public utilities. Many railroads were given the right of eminent domain to obtain land or easements in order to build and connect rail networks. In the mid-20th century, 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. 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, but was 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.
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).
- ^ "Land Acquisition" (PDF). Retrieved 19 October 2018.
- ^ "Land acquisition's chequered history". The Star. Retrieved 19 October 2018.
- ^ Caves, R. W. (2004). Encyclopedia of the City. Routledge. p. 216.
- ^ Saxer, Shelley Ross (2005). "Government Power Unleashed: Using Eminent Domain to Acquire a Public Utility or Other Ongoing Enterprise". Indiana Law Review. 38 (55): 55.