Nature of the power of eminent domain

Category: Constitutional Law

In general, eminent domain is defined as “the power of the nation or a sovereign state to take, or to authorize the taking of, private property for a public use without the owner’s consent, conditioned upon payment of just compensation.” it is acknowledged as “an inherent political right, founded on a common necessity and interest of appropriating the property of individual members of the community to the great necessities of the whole community.”