Also, there are fewer general statutes providing for blanket authorization of condemnation for particular purposes (such as highways) than there are in the United States, and more often there is a requirement that expropriation of each particular parcel be authorized by the legislature.Internet addresses are actually numbers. In the countries influenced by French and German law, the question of the public purpose to be served by the taking is an administrative one and is not determined in the regular courts.
The French and German systems, unlike Anglo-American law, require that it be paid in advance of the taking by the government. Nearly all other countries have constitutional or statutory provisions requiring that compensation be paid for property taken. Many states and the federal government have “quick-taking” statutes providing that, upon the deposit of adequate security, the government may take title and possession before the price is judicially decided. In general, the judicial definition is that just compensation is the fair market value at the time of the taking, the market value including not only the existing use value but also the best use to which the property may be put. There have been few legislative attempts in the United States to control or define what is just compensation. It states that the sovereign may take private. The concept of eminent domain dates back to at least the early 17th century. The American colonies developed judicial procedures enabling the owner to be heard on the question of compensation. The proceeding was held without the presence of the owner. The English practice in the early 17th century was for Parliament to authorize the taking of property and either to prescribe the amount to be paid or to provide a judicial proceeding to determine it. The idea of eminent domain as a power peculiar to sovereign authority but coupled with a duty to pay compensation comes from such 17th-century natural-law jurists as Hugo Grotius and Samuel Pufendorf. Confiscation is the term most often used in contrast to eminent domain to describe the taking of property by the state without compensation.
In countries with unwritten constitutions, such as the United Kingdom, the supremacy of Parliament makes it theoretically possible for property to be taken without compensation, but in practice compensation is paid. Constitutional provisions in most countries require the payment of compensation to the owner. SpaceNext50 Britannica presents SpaceNext50, From the race to the Moon to space stewardship, we explore a wide range of subjects that feed our curiosity about space!Įminent domain, also called condemnation or expropriation, power of government to take private property for public use without the owner’s consent.Learn about the major environmental problems facing our planet and what can be done about them! Saving Earth Britannica Presents Earth’s To-Do List for the 21st Century.
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