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 state infrastructure in the 19th century, as governments increasingly appropriated private land for public projects. Controversies intensified with urbanization and large-scale development, particularly in the mid-20th century, when displacement and compensation disputes drew international scrutiny. Landmark legal challenges and advocacy movements have since heightened awareness of the social, economic, and ethical complexities inherent in the exercise of eminent domain worldwide.

Incidence

Eminent domain is exercised by governments worldwide, affecting millions of individuals and communities each year. The practice is particularly prevalent in rapidly urbanizing regions, where infrastructure projects, resource extraction, and urban renewal initiatives displace residents and businesses. Disputes over compensation, lack of adequate resettlement, and the targeting of marginalized populations have led to widespread protests and legal challenges, highlighting the global scale and contentious nature of eminent domain actions.
In 2023, the city of Lagos, Nigeria, witnessed significant controversy when authorities invoked eminent domain to clear informal settlements for a coastal highway project. Thousands of residents were forcibly evicted, sparking international criticism and legal appeals.

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.