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Eminent domain

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  • Eminent Domain is a right vested in the Soverign to resume the possession of private property for the public use. This right is vested in every government to appropriate, otherwise than by taxation and its police authority, private property for public purposes - Supreme Court of America while dealing with Blood-good vs Mohawk & Co (31 Am. Dec 313)
  • Both State and individuals have the right to acquire private property. However, the State can confiscate any private property that was accumulated by unethical or immoral methods - Pilip Melanchthon
  • While dealing with Jones vs. Walker (13 Feb. Cas.) case, the House of Lords held that The right belongs to society, or to the Sovereign, of disposing in cases of necessity, and for the public safety, of all the wealth contained in the State, is called eminent domain.

Related maxims

  • The sovereign is first seized of all lands, of him all others hold, so that every one has his own.
  • The best shall be taken for the King
  • Forests belong to no one but the King
  • Where the title of the King and the title of a subject concur, the King's title must be preferred

See Also