Gourt > Society > Issues > Property Rights > Eminent Domain
Eminent domain (US), compulsory purchase (United Kingdom, New Zealand, Republic of Ireland), compulsory acquisition (Australia) or expropriation (Canada, South Africa) in common law legal systems is the lawful power of the state to expropriate private property without the owner's consent, either for its own use or on behalf of a third party. 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.
Governments most commonly use the power of eminent domain when the acquisition of real property is necessary for the completion of a public project such as a road, and the owner of the required property is unwilling to negotiate a price for its sale. In many jurisdictions the power of eminent domain is tempered with a right that just compensation be made for the appropriation.
Some coined the term expropriation to refer to "appropriation" under eminent domain law, and may especially be used with regard to cases where no compensation is made for the confiscated property. Examples include the 1960 Cuban expropriation of property held by U.S. citizens, following a breakdown in economic and diplomatic relations between the Eisenhower Administration and the Cuban government under Fidel Castro. U.S. nationals and corporations held vast amounts of Cuba's prime real-estate. Cuban authorities offered just compensation for US properties, as they had successfully done for Spanish, British and French properties when they nationalized private property in Cuba, for the common good. However, U.S. authorities refused, adhering to the notion that those properties are still privately owned by U.S. interests 45 years later. This is in direct contrast with recent rulings by the US Supreme Court which allows a corporation to displace a private citizen from his/her realty, if the corporate development is considered to be in the best interest of the municipality.
More on [ Eminent domain ]
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California Alliance to Protect Private Property Rights - CAPPPR is a coalition of family farmers, community and taxpayer advocates committed to exposing the dangers and abuses of eminent domain in California.
Castle Coalition - A national coalition of citizens fighting against eminent domain abuse. FAQ, success stories, news and resources.
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Eminent Domain Abuse - A coalition of south Jersey property owners fighting unjust eminent domain locally and state-wide.
Eminent Domain Guide - Overview of the rights of land owners and business owners faced with an eminent domain proceeding, from a California law firm.
Meta Description: [ An informative guide for Propery and Business Owners to educate them about their rights if faced with an eminent domain proceeding ]
Eminent Domain Law - Eminent domain law materials by attorneys Sullivan, Workman and Dee.
Meta Description: [ Eminent Domain Law Firm of Sullivan, Workman and Dee in Los Angeles handle all phases of your case, from the first time you are contacted by the Agency, through settlement or to trial. ]
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Eminent Domain Online - A community site for eminent domain and right-of-way professionals.
Land Rights - Information and resources regarding land patents.
Land Thieves - A Wiki list of companies that are claimed to use, or attempt to use, eminent domain to obtain land from private owners.
Pennsylvania Landowners' Association - Organization committed to protecting property rights and land use while encouraging responsible environmental stewardship.
Resolve Against Property Takings' Organized Resistance (RAPTOR) - A movement based in objectivist philosophy which chronicles Iron County and Hurley, Wisconsin attempts to seize privately owned reverted railroad grades for public use.
Meta Description: [ Motorized ]
Right of Way - Information on right of way, eminent domain and other issues from an appraisal company.
Meta Description: [ The community portal of choice for right of way professionals to include appraisers, attorneys, acquisition agents, relocation specialists, title professionals, petroleum landman, surveyors, environmental specialists, asset managers, property managers, eminent domain professionals, and government... ]
Stop Federal Landgrab - A project seeking to stop federal accumulation of titles in land.
Victor Landowners Association - A resource for landowners on their ownership rights, and political action the guard land ownership.
Meta Description: [ This is intended to be used by Victor landowners to obtain information on their rights as landowners. ]
Virginia Property Rights Coalition - Organization formed to support just compensation for property taken under Virginia's eminent domain laws. The site compares Virginia's law to that of other states, discusses recent successes in achieving reform and provides updates on current legislation.
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