Eminent domain
Eminent domain (United States), compuls-
ory purchase (United Kingdom, New Zeal-
and, Ireland), resumption/compulsory ac-
quisition
(Australia)
or expropriation
(South Africa and Canada) or land acqusi-
tion (India) in common law legal systems is
the inherent power of the state to seize a cit-
izen’s private property, expropriate property,
or seize a citizen’s rights in property with
due monetary compensation, but 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 or civic
use or, in some cases, economic develop-
ment. The most common uses of property
taken by eminent domain are for public utilit-
ies, highways, and railroads. Some jurisdic-
tions require that the government body offer
to purchase the property before resorting to
the use of eminent domain.
The legal doctrine of eminent domain, like
the doctrine of seizure of contraband, allows
expropriation of property within the existing
system of law. Otherwise, expropriation may
imply either a criminal or a revolutionary act.
The term "condemnation" is used to de-
scribe the formal act of the exercise of the
power of eminent domain to transfer title to
the property from its private owner to the
government. This use of the word should not
be confused with its sense of a declaration
that real property, generally a building, has
become so dilapidated as to be legally unfit
for human habitation due to its physical de-
fects. This type of condemnation of buildings
(on grounds of health and safety hazards or
gross zoning violation) usually does not de-
prive the owners of the title to the property
condemned but requires them to rectify the
offending situation or have the government
do it for the owner at the latter’s expense.
Condemnation via eminent domain indic-
ates the government is taking ownership of
the property or a lesser interest in it, such as
an easement. In most cases the only thing
that remains to be decided when a condem-
nation action is filed is t