Eminent domain

Eminent domain (US), compulsory purchase, (England and Wales) or compulsory acquisition (Australia) in common law legal systems is the power of the state to appropriate private property for its own use without the owner's consent. 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. 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.

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.

Related Topics:
European Convention on Human Rights - Article 8 - National security - First Protocol - Public interest - Tax

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

In France, the Declaration of the Rights of Man and of the Citizen similarly mandates just and preliminary compensation before expropriation.

Related Topics:
France - Declaration of the Rights of Man and of the Citizen

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

In England and Wales, and other jurisdictions that follow the principles of English law, the related term compulsory purchase is more commonly used.

Related Topics:
England - Wales - English law

~ ~ ~ ~ ~ ~ ~ ~ ~ ~