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Doctrine

Eminent domain

Contract and Property Doctrine
Origin 1625 (term from Grotius, De jure belli ac pacis)

Eminent domain, also called land acquisition, compulsory purchase, resumption, compulsory acquisition, or expropriation depending on the jurisdiction, is the power of a state to compel the acquisition of private property for public use, generally subject to a requirement of just compensation and a valid public purpose rather than a simple transfer between private owners. The power is most often exercised for roads, government buildings, and public utilities, historically was granted to railroads to assemble land for rail lines, and may be delegated by the state to municipalities, other government subdivisions, or private entities carrying out public functions. In the middle of the twentieth century the power expanded further in some jurisdictions to allow government to take property and transfer it to private developers, at first limited to blighted areas and later extended more broadly to property expected to generate increased tax revenue; once property is taken, the condemning authority holds it in fee simple and may use it for purposes beyond the one originally stated. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/

Facts
Origin Period
1625 (term from Grotius, De jure belli ac pacis) 1
Core Principle
The state may take private property for public utility but must compensate the owners for their loss. 1
Origin Period
Origin Period (category)
Early Modern (1500-1800) 1
Classification
Doctrine Category
Property Law 2
Connections

In Area Of Law

Entity-backed identity for the doctrine category value this doctrine already carries as an enum fact, resolved to a doctrine entity by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The enum fact itself stays on the entity unchanged.

Sources
1. Eminent domain (Wikipedia)
  • Etymology and history
    The term \eminent domain\" was taken from the legal treatise De jure belli ac pacis"
  • Etymology and history, Grotius passage
    the state is bound to make good the loss to those who lose their property.
View the Source
2. Wikipedia: Eminent domain
the compulsory acquisition of private property for public useView the Source
Frequently Asked Questions

Does the state have to pay when it takes private property under eminent domain?

Yes, the principle is that owners must be compensated for the loss.

The core principle is that the state may take private property for public utility but must compensate the owners for their loss. The term itself was taken from Hugo Grotius, whose treatise De jure belli ac pacis of 1625 held that the state is bound to make good the loss to those who lose their property.

Is eminent domain called something else in other countries?

Yes: compulsory purchase, resumption, expropriation and other names.

Yes. Depending on the jurisdiction the same power is called land acquisition, compulsory purchase, resumption, compulsory acquisition or expropriation. Eminent domain is the name used in the tradition that took the term from Grotius.
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