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.

Other countries

Many countries recognise eminent domain to a much lesser extent than the English-speaking world or do not recognise it at all. Japan, for instance, has very weak eminent domain powers, as evidenced by the high-profile opposition to the expansion of Narita International Airport, and the disproportionate amounts of financial inducement given to residents on sites slated for redevelopment in return for their agreement to leave (one well-known recent case being that of Roppongi Hills). On the other hand, countries such as China practice eminent domain as many times as necessary to make space for new communities and government structures.

Related Topics:
Japan - Narita International Airport - Roppongi Hills

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