Eminent domain

Compulsory acquisition of land by government

Nature

The state is vested with ultimate power over all national resources, including land, which it can appropriate, even from private hands. The rules for compulsory acquisition vary from country to country. In certain circumstances, there is very little or no protection of the interests of the landowner.

Background

The global significance of eminent domain emerged alongside the expansion of nation-states and infrastructure projects in the 19th and 20th centuries, as governments increasingly exercised authority to appropriate private land for public use. Controversies intensified with urbanization and large-scale development, drawing international attention to the balance between public interest and individual rights. Landmark legal challenges and transnational advocacy have since highlighted the complexities and potential abuses inherent in the practice, prompting ongoing debate and reform worldwide.

Incidence

Eminent domain is exercised by governments worldwide, often resulting in the compulsory acquisition of private property for public use. The scale of this practice is significant, affecting millions of individuals and communities annually, particularly in rapidly urbanizing regions and areas targeted for infrastructure development. Disputes over compensation, lack of adequate resettlement, and the impact on vulnerable populations have made eminent domain a contentious issue in both developed and developing countries.
In 2023, the city of Lagos, Nigeria, witnessed widespread protests after authorities invoked eminent domain to clear residential neighborhoods for a new coastal highway. Thousands of residents were displaced, with many alleging inadequate compensation and insufficient notice.

Claim

Eminent domain is a deeply troubling issue that threatens the very foundation of individual rights. The government’s power to seize private property, often for questionable “public use,” undermines personal freedom and security. Too often, it favors powerful interests over ordinary citizens, leading to displacement and injustice. This abuse of authority is a critical problem that demands urgent reform to protect people’s homes, livelihoods, and the basic principles of a free society.

Counter-claim

The compulsory acquisition of land, the right of eminent domain (also called expropriation, condemnation, or compulsory purchase) is an attribute which any sovereign government must have in order to carry out its function. Without the power to take property, governments might not be able to build roads, schools, parks, and other public improvements essential to the public well-being.

The eminent domain power exists in all countries. Although there is opposition to its exercise, it is neither confiscation nor an arbitrary treatment of individual property, but an inherent and long-standing prerogative of government. Whether it is equitable is determined not by its use per se but by the nature of the criteria governing public benefit and justness of compensation, by the reasonableness of the statute governing rights and duties, and by the exercise of official good faith in the proceedings.