Misplaced Pages

#996003

95-432: Eminent domain , also known as land acquisition , compulsory purchase , resumption , resumption / compulsory acquisition , or expropriation , is the compulsory acquisition of private property for public use . It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by

190-489: A title or a certificate of ownership. The rights to a property may be transferred from one "owner" to another. A transfer tax is a tax on the passing of title to property from one person (or entity) to another. An owner may request that, after death, private property be transferred to family members, through inheritance . In certain cases, ownership may be lost to the public interest. Private real estate may be confiscated or used for public purposes, for example, to build

285-545: A Government work". Local government authorities (such as City or District councils) are also empowered under the same section to acquire land for "local work for which it has financial responsibility." In the Bahamas, the Acquisition of Land Act operates to permit the acquisition of land where it is deemed likely to be required for a public purpose. The land can be acquired by private agreement or compulsory purchase (s7 of

380-408: A bundle is composed of a set of rights that allows the owner of the asset to control it and decide on its use, claim the value generated by it, exclude others from using it, and the right to transfer the ownership (set of rights over the asset) of it to another holder. In Marxian economics and socialist politics, a distinction is made between "private property" and " personal property ". The former

475-468: A business or a farm operation, under a program or project undertaken by a Federal agency or with Federal financial assistance where the head of the displacing agency determines that such displacement is permanent. If a person is eligible for URA benefits, they are entitled to either actual reasonable moving expenses or a moving expense allowance which is determined by the administering agency according to schedules (created via federal regulations) which dictate

570-524: A component of the development of a post-capitalist economic system . In response to the socialist critique, the Austrian School economist Ludwig Von Mises argued that private property rights are a requisite for what he called "rational" economic calculation and that the prices of goods and services cannot be determined accurately enough to make efficient economic calculation without having clearly defined private-property rights. Mises argued that

665-456: A direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which such person conducts a business or farm operation, for a program or project undertaken by a Federal agency or with Federal financial assistance; or (II) as a direct result of rehabilitation, demolition, or such other displacing activity as the lead agency may prescribe, of other real property on which such person conducts

760-444: A direct result of a written notice of intent to acquire or the acquisition of such real property in whole or in part for a program or project undertaken by a Federal agency or with Federal financial assistance; or (II) on which such person is a residential tenant or conducts a small business, a farm operation, or a business defined in paragraph (7)(D), as a direct result of rehabilitation, demolition, or such other displacing activity as

855-445: A general or a special law which authorizes expropriation for the public benefit or the national interest, duly qualified by the legislator. The expropriated party may protest the legality of the expropriation action before the ordinary courts of justice and shall, at all times, have the right to indemnification for patrimonial harm actually caused, to be fixed by mutual agreement or by a sentence pronounced by said courts in accordance with

950-448: A given period. Marx's conception of private property has proven influential for many subsequent economic theories and for communist , socialist , and anarchist political movements, and led to the widespread association of private property—particularly private property in the means of production —with capitalism . Private property is a legal concept defined and enforced by a country's political system . The area of law that deals with

1045-618: A matter of Australian law, all land was originally owned by the Crown before it was sold, leased or granted and that, through the act of compulsory acquisition, the Crown is "resuming" possession. In New Zealand, the Public Works Act 1981 outlines the powers of the state in relation to land used for public purposes. Under Section 16 of the Public Works Act 1981 the Minister is "empowered to acquire under this Act any land required for

SECTION 10

#1732791303997

1140-522: A mine seized during World War II). In most takings owners are not compensated for a variety of incidental losses caused by the taking of their property that, though incurred and readily demonstrable in other cases, are deemed by the courts to be noncompensable in eminent domain. The same is true of attorneys' and appraisers fees. But as a matter of legislative grace rather than constitutional requirement some of these losses (e.g., business goodwill) have been made compensable by state legislative enactments, and in

1235-580: A natural or de facto monopoly , and an essential service of public utility. The most famous nationalization in Italy was the 1962 nationalization of the electrical power sector . Article 33.3 of the Spanish Constitution of 1978 allows forced expropriation ( expropiación forzosa ) only where justified on the grounds of public utility or social interest and subject to the payment of appropriate compensation as provided for in law. The right of

1330-420: A partial taking provides economic benefits specific to the remainder, those must be deducted, typically from severance damages. Some elements of value, such as a business's connection to the location and the goodwill of the public , are only compensable in a few jurisdictions; where they are not, fair market value may be less than the value of the location to the current user. The practice of condemnation came to

1425-743: A result of programs designed for the benefit of the public as a whole. In 1972, tenants of foreclosed properties who were not eligible for URA benefits challenged the constitutionality of the URA in the United States District Court for the Eastern District of New York . The Court rejected this argument and the United States Court of Appeals for the Second Circuit affirmed the decision. Nonetheless,

1520-496: A right over the property of others, but for ends of public utility, to which ends those who founded civil society must be supposed to have intended that private ends should give way. But, when this is done, the state is bound to make good the loss to those who lose their property. The exercise of eminent domain is not limited to real property . Condemnors may also take personal property, even intangible property such as contract rights, patents , trade secrets , and copyrights . Even

1615-496: A road. The legal framework of a country or society defines some of the practical implications of private property. There are no expectations that these rules will define a rational and consistent model of economics or social system. Although contemporary neoclassical economics —currently the dominant school of economics—rejects some of the assumptions of the early philosophers underpinning classical economics, it has been argued that neoclassical economics continues to be influenced by

1710-503: A social relationship in which the property owner takes possession of anything that another person or group produces with that property and capitalism depends on private property. The socialist critique of private ownership is heavily influenced by the Marxist analysis of capitalist property forms as part of its broader critique of alienation and exploitation in capitalism. Although there is considerable disagreement among socialists about

1805-424: A socialist system, which by definition would lack private property in the factors of production, would be unable to determine appropriate price valuations for the factors of production. According to Mises, this problem would make rational socialist calculation impossible. In capitalism , ownership can be viewed as a "bundle of rights" over an asset that entitles its holder to a strong form of authority over it. Such

1900-663: A state or municipality to buy property when it is determined to be of "particular public interest" is regulated in Expropriationslagen (1972:719). The government purchases the property at an estimated market value plus a 25% compensation. The law also states that the property owner shall not suffer economic harm because of the expropriation. After his victory in 1066, William the Conqueror seized virtually all land in England. Although he maintained absolute power over

1995-459: A statute was passed granting commissioners of sewers in Lincolnshire the power to take land without compensation. After the early 16th century, however, Parliamentary takings of land for roads, bridges, etc. generally did require compensation. The common practice was to pay 10% more than the assessed value. However, as the voting franchise was expanded to include more non-landowners, the bonus

SECTION 20

#1732791303997

2090-412: Is another name for monopoly and can hamper allocative efficiency. Through the use of taxation and modified Vickrey auctions , they argue that partial common property ownership is a more efficient and just way to organize the economy. The justifications for private property rights have also been critiqued as tools of empire that enable land appropriation. According to academic commentator Brenna Bhandar,

2185-694: Is available to the landowner, with the Lands Tribunal for Scotland dealing with any disputes arising from the value of compensation. As in England and Wales, the law of compulsory purchase in Scotland is complex. The current statutes regulating compulsory purchase include: the Lands Clauses Consolidation (Scotland) Act 1845 ( 8 & 9 Vict. c. 19); the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ; and

2280-704: Is compensated with a price agreed or stipulated by an appropriate person. Where agreement on price cannot be achieved, the value of the taken land is determined by the Upper Tribunal . The operative law is a patchwork of statutes and case law. The principal acts are the Lands Clauses Consolidation Act 1845 ( 8 & 9 Vict. c. 18), the Land Compensation Act 1961 , the Compulsory Purchase Act 1965 ,

2375-612: Is defined and enforced by a country's political system . The first evidence of private property may date back to the Babylonians in 1800 BC, as evidenced by the archeological discovery of Plimpton 322 , a clay tablet used for calculating property boundaries. However, written discussions of private property were not seen until the Persian Empire, and emerged in the Western tradition at least as far back as Plato . Before

2470-470: Is defined as the means of production about private ownership over an economic enterprise based on socialized production and wage labor whereas the latter is defined as consumer goods or goods produced by an individual. Prior to the 18th century, private property usually referred to land ownership . Private property in the means of production is the central element of capitalism criticized by socialists. In Marxist literature, private property refers to

2565-408: Is distinguished from private property ownership and Western understandings of land law . Uniform Relocation Assistance and Real Property Acquisition Act (1970) The Uniform Relocation Assistance and Real Property Acquisition Policies Act (1970) (" URA ") was passed by the U.S. federal government in 1970. It was intended to ensure fair compensation and assistance for those whose property

2660-412: Is used to describe the formal act of exercising the power to transfer title or some lesser interest in the subject property. The constitutionally required "just compensation" in partial takings is usually measured by fair market value of the part taken, plus severance damages (the diminution in value of the property retained by the owner [remainder] when only a part of the subject property is taken). Where

2755-451: The Dutch jurist Hugo Grotius in 1625, which used the term dominium eminens ( Latin for "supreme ownership") and described the power as follows: The property of subjects is under the eminent domain of the state, so that the state or those who act for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have

2850-600: The Federal Court has extended the states' power to resume property to any form of physical property. For the purposes of section 51(xxxi), money is not property that may be compulsorily acquired. The Commonwealth must also derive some benefit from the property acquired, that is, the Commonwealth can "only legislate for the acquisition of Property for particular purposes". Accordingly, the power does not extend to allow legislation designed merely to seek to extinguish

2945-796: The Land Compensation (Scotland) Act 1963 . The Scottish Law Commission considered the current state of the law of compulsory purchase and advocated reforms in its Discussion Paper on Compulsory Purchase . Such reforms have yet to be made by the Scottish Parliament . In Australia, section 51(xxxi) of the Australian Constitution permits the Commonwealth Parliament to make laws with respect to "the acquisition of property on just terms from any State or person for any purpose in respect of which

Eminent domain - Misplaced Pages Continue

3040-566: The Land Compensation Act 1973 , the Acquisition of Land Act 1981 , part IX of the Town and Country Planning Act 1990 , the Planning and Compensation Act 1991 , and the Planning and Compulsory Purchase Act 2004 . In Scotland , eminent domain is known as compulsory purchase. The development of powers of compulsory purchase originated in the railway mania of the Victorian period . Compensation

3135-500: The labor theory of property . This stated that property is a natural result of labor improving upon nature; and thus by labor expenditure, the laborer becomes entitled to its produce. Influenced by the rise of mercantilism , Locke argued that private property was antecedent to and thus independent of government. Locke distinguished between "common property", by which he meant common land , and property in consumer goods and producer-goods. His chief argument for property in land ownership

3230-413: The working population by their claim to ownership in the form of stock or private equity. This exploitative arrangement is perpetuated due to the structure of capitalist society. Capitalism is regarded as a class system akin to historical class systems like slavery and feudalism . Private ownership has also been criticized on non-Marxist ethical grounds by advocates of market socialism . According to

3325-411: The "acquisition or requisition of property" (Schedule VII, Entry 42, List III). It is this provision that has been interpreted as being the source of the state's "eminent domain" powers. The provisions relating to the right to property were changed a number of times. The 44th amendment of 1978 deleted the right to property from the list of Fundamental Rights. A new article, Article 300-A, was added to

3420-408: The 17th and 18th centuries, accompanied efforts in philosophy and political thought—by Thomas Hobbes (1588–1679), James Harrington (1611–1677) and John Locke (1632–1704), for example—to address the phenomenon of property ownership . In arguing against supporters of absolute monarchy , John Locke conceptualized property as a "natural right" that God had not bestowed exclusively on the monarchy:

3515-401: The 18th century, English speakers generally used the word "property" about land ownership . In England , "property" came to have a legal definition in the 17th century. Private property defined as property owned by commercial entities emerged with the great European trading companies of the 17th century. The issue of the enclosure of agricultural land in England, especially as debated in

3610-511: The Act). Under section 24 of the Acquisition of Land Act, the purchaser may purchase the interest of the mortgagee of any land acquired under the Act. To do so, the purchaser must pay the principal sum and interest, together with costs and charges plus 6 months’ additional interest. In Canada, expropriation is governed by federal or provincial statutes. Under these statutory regimes, public authorities have

3705-630: The American colonies with the common law . When it came time to draft the United States Constitution , differing views on eminent domain were voiced. The Fifth Amendment to the Constitution requires that the taking be for a "public use" and mandates payment of "just compensation" to the owner. In federal law, Congress can take private property directly (without recourse to the courts) by passing an Act transferring title of

3800-658: The Chinese form of eminent domain, are constitutionally permitted as necessary for the public interest, and if compensation is provided. The 2019 Amendment of the Land Administration Law of China spells out rather detailed guidelines, guaranteeing farmers and those displaced greater financial security. The Constitution of India originally provided for the Fundamental Right to property under Articles 19 and 31. Article 19 guaranteed to all citizens

3895-484: The Convention provides that "Everyone has the right to respect for his private and family life, his home, and his correspondence" and prohibits interference with this right by the state, unless the interference is in accordance with law and necessary in the interests of national security , public safety, economic well-being of the country, prevention of disorder or crime, protection of health or morals, or protection of

Eminent domain - Misplaced Pages Continue

3990-548: The Department of Transportation). The regulations further liberalized the definition of "displaced person", added a definition for "mobile home", and created a new subpart setting forth the URA's applicability to mobile home occupants displaced by a federal or federally-assisted project. In 2012, President Barack Obama signed the Moving Ahead for Progress in the 21st Century Act ("MAP-21") which made further changes to

4085-706: The European Court of Human Rights (ECtHR) provides that just compensation has to be paid in cases of expropriation. In France , the Declaration of the Rights of Man and of the Citizen similarly mandates just and preliminary compensation before expropriation; and a déclaration d'utilité publique is commonly required, to demonstrate a public benefit. Notably, in 1945, by decree of General Charles de Gaulle based on untried accusations of collaboration with

4180-576: The Nazi occupier, the Renault company was expropriated from Louis Renault posthumously and nationalised as Régie Nationale des Usines Renault , without compensation. The Basic Law for the Federal Republic of Germany states in its Article 14 (3) that "an expropriation is only allowed for the public good" and just compensation must be made. It also provides for the right to have the amount of

4275-464: The Parliament has power to make laws." This has been construed as meaning that just compensation may not always include monetary or proprietary recompense, rather it is for the court to determine what is just. It may be necessary to imply a need for compensation in the interests of justice, lest the law be invalidated. Property subject to resumption is not restricted to real estate as authority from

4370-608: The Royal Decree n.2359 of 1865. Also other national and regional laws may apply, not always giving full compensation to the owner. Expropriation can be total (the whole property is expropriated) or partial; permanent or temporary. The article 42 of the Italian Constitution and the article 834 of the Italian Civil Code state that any private goods can be expropriated for public utility. Furthermore,

4465-545: The Surface Transportation and Uniform Relocation Assistance Act of 1987 which significantly amended the URA. Important amendments made to the definition section by the 1987 act include: The Act also significantly increased the moving and related expenses covered by the URA and increased the maximum replacement housing allowance for homeowners to $ 22,500. It also ensured that relocation assistance payments were not considered income subject to taxation under

4560-520: The Territory government to acquire land subject to Native Title, effectively extinguishing the Native Title interest in the land. Kirby J in dissent, along with a number of commentators, viewed this as a missed opportunity to comment on the exceptional nature of powers of resumption exercised in the absence of a public purpose limitation. The term resumption is a reflection of the fact that, as

4655-638: The U.S. may be partially covered by provisions of the federal Uniform Relocation Assistance Act . Since the 1990s, the Zimbabwean government under Robert Mugabe has seized a great deal of land and homes of mainly white farmers in the course of the land reform movement in Zimbabwe . The government argued that such land reform was necessary to redistribute the land to Zimbabweans dispossessed of their lands during colonialism . These farmers were never compensated for this seizure. In China , "requisitions",

4750-551: The URA are stated in 49 C.F.R. § 24.301 . Courts determining the reasonableness of an agency's decision to reimburse moving expenses have used the "arbitrary and capricious" standard in the past. While the U.S. Department of Transportation serves as the lead agency for URA regulatory promulgation and implementation coordination, each federal agency is responsible for URA compliance and administration across their own programs and activities. The U.S. Department of Housing and Urban Development 's website details general requirements under

4845-415: The URA due to the Act's ambiguous provisions. As a result of the Act's deficiencies, in 1985, a presidential memorandum from President Ronald Reagan made changes to the Act's implementation, including the designation of the U.S. Department of Transportation as the lead agency for URA regulation promulgation purposes. Following lengthy congressional hearings due to the URA's failings, Congress passed

SECTION 50

#1732791303997

4940-410: The URA generated litigation due to dislocated parties' various interpretations of the Act's language. Moreover, enactment of the URA without corresponding regulations "resulted in significant differences in administration of relocation benefits by various state and federal programs." For instance, utilities and billboard/signage businesses were often required to sue in order to qualify for benefits under

5035-438: The URA, including notice requirements, pre-negotiation appraisals, offers, and payments prior to possession, with focus placed on URA compliance and implementation across its own programs. Most states have enacted similar legislation and require very similar relocation compensation for displacement by state-level activities. Typically, the language of their statutes mirror that of the URA, though of late, some states have raised

5130-660: The URA, specifically increasing the amount of benefits given to displacees. Using the authority given to it in MAP-21, the U.S. Department of Transportation published a proposed final rule in December 2022, proposing further changes to URA regulations. These proposed regulatory changes would, among other things, bring URA regulations into alignment with MAP-21. The Act's provisions only apply to displaced persons, which it defines as: (i) any person who moves from real property, or moves his personal property from real property- (I) as

5225-536: The [former] owner. In theory, this is supposed to put the owner in the same position pecuniarily that he would have been in had his property not been taken. But in practice courts have limited compensation to the property's fair market value, considering its highest and best use. But though rarely granted, this is not the exclusive measure of compensation; see Kimball Laundry Co. v. United States (business losses in temporary takings) and United States v. Pewee Coal Co. (operating losses caused by government operations of

5320-607: The action can be challenged in a court of law by citizens. Land acquisition in India is currently governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 , which came into force on 1 January 2014. Until 2013, land acquisition in India was governed by Land Acquisition Act of 1894 . However the new LARR (amendment) ordinance 31 December 2014 diluted many clauses of

5415-556: The amount of benefits allowed to be distributed. The Department of Transportation manages the distribution allowance schedules and posts notices in the Federal Register when a region distribution schedule is being changed. A displacee “is entitled to payment of his or her actual moving and related expenses, as the Agency determines to be reasonable and necessary.” As of December 2022, the moving cost payments permitted under

5510-428: The amounts of compensation for dislocated businesses, with both goodwill and business value as traits of respective statutes. Connecticut 's parallel version of the URA is one that attempts to compensate goodwill to non-chain businesses by allowing one to claim up to $ 10,000.00 of one's annual net income due to loss of a "substantial part of their patronage." Connecticut provides that a state agency can choose to utilize

5605-412: The article 2 of the Constitution binds Italian citizens to respect their "mandatory duties of political, economic and social solidarity". The implementation of the eminent domain follows two principles: Nazionalizzazione ("nationalization"), instead, is provided for by article 43 of the Constitution; it transfers to governmental authority and property a whole industrial sector, if it is deemed to be

5700-461: The compensation checked by a court. Esproprio – or more formally espropriazione per pubblica utilità ("expropriation for public utility") – in Italy takes place within the frame of civil law , as an expression of the potere ablatorio ( ablative power). The law regulating expropriation is the D.P.R. n.327 of 2001, amended by D.Lgs. n.302 of 2002; it supersedes the old expropriation law,

5795-471: The compensation levels under the Federal URA in lieu of the state's act. Its own relocation compensation requirements are lower than the URA's. It is important to note that the URA addresses federal interaction with the states regarding the funding of projects and compensation of owners. Any state agency receiving funding from a federal counterpart must demonstrate similar compensation efforts as that of

SECTION 60

#1732791303997

5890-436: The constitution to provide, "No person shall be deprived of his property save by authority of law." Thus, if a legislature makes a law depriving a person of his property, it will not be unconstitutional. The aggrieved person shall have no right to move the court under Article 32. Thus, the right to property is no longer a fundamental right, though it is still a constitutional right. If the government appears to have acted unfairly,

5985-610: The country's history most recently during the renationalization of YPF . which resulted in the expropriation of 51% of the energy company 's shares. Brazil's expropriation laws are governed by the Presidential Decree No. 3365 of June 21, 1941. Art. 19, No. 24, of the Chilean Constitution says in part, "In no case may anyone be deprived of his property, of the assets affected or any of the essential faculties or powers of ownership, except by virtue of

6080-466: The economist James Yunker, the ethical case for market socialism is that because passive property income requires no mental or physical exertion on the part of the recipient, and its appropriation by a small group of private owners is the source of the vast inequalities in contemporary capitalism, social ownership in a market economy would resolve the major cause of social inequality and its accompanying social ills. Weyl and Posner argue that private property

6175-460: The eminent domain action. Takings may be of the subject property in its entirety (total take) or in part (part take), either quantitatively or qualitatively (either partially in fee simple or, commonly, an easement, or any other interest less than the full fee simple title). The term "eminent domain" was taken from the legal treatise De jure belli ac pacis ( On the Law of War and Peace ), written by

6270-445: The expropriating authority by bringing a claim before the court or an administrative body appointed by the governing legislation. In Panama, the government must pay a fair amount of money to the owner of the property to be expropriated. Most states use the term eminent domain , but some U.S. states use the term appropriation or expropriation (Louisiana) as synonyms for the exercise of eminent domain powers. The term condemnation

6365-533: The extent to which an owner will be able to exercise rights over the same. The rights to private property often come with limitations. For example, local government may enforce rules about what kind of building may be built on private land ( building code ), or whether a historical building may be demolished or not. Theft is common in many societies, and the extent to which central administration will pursue property crime varies enormously. Some forms of private property are uniquely identifiable and may be described in

6460-411: The form of government". Smith further argued that civil government could not exist without property, as the government's main function was to define and safeguard property ownership. In the 19th century, the economist and philosopher Karl Marx (1818–1883) provided an influential analysis of the development and history of property formations and their relationship to the technical productive forces of

6555-413: The government requests that owners pay for the privilege of ownership. A property tax is an ad valorem tax on the value of a property, usually levied on real estate . The tax is levied by the governing authority of the jurisdiction in which the property is located. It may be imposed annually or at the time of a real estate transaction , such as in real estate transfer tax . Under a property-tax system,

6650-429: The government requires or performs an appraisal of the monetary value of each property, and tax is assessed in proportion to that value. The four broad types of property taxes are land , improvements to land (immovable human-made objects, such as buildings), personal property (movable human-made objects), and intangible property . The social and political context in which private property is administered will determine

6745-696: The government, but had no legal right or benefit for the expenses they paid to relocate. Prior to the URA's passing, starting in 1962, the federal government acted under two separate legislative programs to handle relocation caused by urban blight renewal and federal highway expansion. In addition to these programs, several federal agencies, such as the Federal Aeronautics Administration, had their own compensation regulations for compensating displaced individuals. However, all benefits from these programs were quite small. To provide better benefits to displaced individuals and to make

6840-517: The land will be put to productive use and its value protected by the landowner . If the owners must pay property taxes , this forces the owners to maintain a productive output from the land to keep taxes current. Private property also attaches a monetary value to land, which can be used to trade or as collateral . Private property thus is an important part of capitalization within the economy . Socialist economists are critical of private property as socialism aims to substitute private property in

6935-575: The land, he granted fiefs to landholders who served as stewards, paying fees and providing military services. During the Hundred Years' War in the 14th century, Edward III used the Crown's right of purveyance for massive expropriations. Chapter 28 of Magna Carta required that immediate cash payment be made for expropriations. As the king's power was broken down in the ensuing centuries, tenants were regarded as holding ownership rights rather than merely possessory rights over their land. In 1427,

7030-586: The language implemented in property legislation dictates colonized peoples as unable to effectively own and utilize their land. It is suggested that personal rights are interchangeable with property rights, therefore communities that utilize communal methods of land ownership are not equally validated by private property ideals. It is also argued by critical race theorist Cheryl Harris that race and property rights have been conflated over time, with only those qualities unique to white settlement recognized legally. Indigenous use of land, focusing on common ownership,

7125-535: The law, or considered in agency determination's of the displaced person's federal aid eligibility, other than low-income housing assistance. Finally, the Act codified the 1985 presidential memorandum. A 1997 amendment to the act amended the definition of "displaced person" under the URA to exclude "illegal aliens". In 2005, an expansive update of URA regulations was completed by the Federal Highway Administration ("FHWA") (a division of

7220-427: The law." Since 1967, the encyclical Populorum progressio , an encyclical on Catholic social teaching by Pope Paul VI , allows the expropriation of land estates for common good needs. Private property Private property is foundational to capitalism , an economic system based on the private ownership of the means of production and their operation for profit . As a legal concept, private property

7315-416: The lead agency may prescribe, under a program or project undertaken by a Federal agency or with Federal financial assistance in any case in which the head of the displacing agency determines that such displacement is permanent; and (ii) solely for the purposes of sections 4622(a) and (b) and 4625 of this title, any person who moves from real property, or moves his personal property from real property- (I) as

7410-430: The legacy of natural moral theory and the concept of natural rights , which has led to the presentation of private market exchange and private property rights as "natural rights" inherent in nature. Economic liberals (defined as those who support a private sector -driven market economy) consider private property to be essential for the construction of a prosperous society. They believe private ownership of land ensures

7505-447: The means of production for social ownership or public property . Socialists generally argue that private property relations limit the potential of the productive forces in the economy when the productive activity becomes a collective activity, where the role of the capitalist becomes redundant (as a passive owner). Socialists generally favor social ownership either to eliminate the class distinctions between owners and workers and as

7600-412: The mid-20th century, a new application of eminent domain was pioneered, in which the government could take the property and transfer it to a private third party for redevelopment. This was initially done only to a property that has been deemed "blighted" or a "development impediment", on the principle that such properties had a negative impact upon surrounding property owners, but was later expanded to allow

7695-536: The original act. The liberalisation of the economy and the Government's initiative to set up special economic zones have led to many protests by farmers and have opened up a debate on the reinstatement of the fundamental right to private property. In many European nations, the European Convention on Human Rights provides protection from an appropriation of private property by the state. Article 8 of

7790-489: The previous owner's title. The states and territories' powers of resumption on the other hand are not so limited. The section 43(1) of the Lands Acquisition Act 1998 (NT) grants the Minister the power to acquire land 'for any purpose whatever'. The High Court of Australia interpreted this provision literally, relieving the Territory government of any public purpose limitation on the power. This finding permitted

7885-404: The right to "acquire, hold and dispose of property". Article 31 provided that "No person shall be deprived of his property save by authority of law." It also provided that compensation would be paid to a person whose property had been "taken possession of or acquired" for public purposes. In addition, both the state government as well as the union (federal) government were empowered to enact laws for

7980-477: The right to acquire private property for public purposes, so long as the acquisition is approved by the appropriate government body. Once a property is taken, an owner is entitled to "be made whole" by compensation for: the market value of the expropriated property, injurious affection to the remainder of the property (if any), disturbance damages, business loss, and special difficulty relocating. Owners can advance claims for compensation above that initially provided by

8075-512: The rights and freedoms of others. This right is expanded by Article 1 of the First Protocol to the Convention, which states that "Every natural person or legal person is entitled to the peaceful enjoyment of his possessions." Again, this is subject to exceptions where state deprivation of private possessions is in the general or public interest , is in accordance with law, and, in particular, to secure payment of taxes . Settled case-law of

8170-428: The state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public character. The most common uses of property taken by eminent domain have been for roads, government buildings and public utilities . Many railroads were given the right of eminent domain to obtain land or easements in order to build and connect rail networks. In

8265-465: The subject is called property law . The enforcement of property law concerning private property is a matter of public expense. Defence of property is a common method of justification used by defendants who argue that they should not be held liable for any loss and injury that they have caused because they were acting to protect their property . Courts have generally ruled that the use of force may be acceptable. In many political systems,

8360-628: The subject property directly to the government. In such cases, the property owner seeking compensation must sue the United States for compensation in the U.S. Court of Federal Claims. The legislature may also delegate the power to private entities like public utilities or railroads, and even to individuals. The U.S. Supreme Court has consistently deferred to the right of states to make their own determinations of "public use". In Argentina expropriations are governed by federal law 21.499 of January 17, 1977. It has been used in many locations throughout

8455-581: The taking of a professional sports team 's franchise has been held by the California Supreme Court to be within the purview of the "public use" constitutional limitation, although eventually, that taking (of the Oakland Raiders ' NFL franchise) was not permitted because it was deemed to violate the interstate commerce clause of the U.S. Constitution. A taking of property must be accompanied by payment of "just compensation" to

8550-457: The taking of any private property when the new third-party owner could develop the property in such a way as to bring in increased tax revenues to the government. Some jurisdictions require that the taker make an offer to purchase the subject property, before resorting to the use of eminent domain. However, once the property is taken and the judgment is final, the condemnor owns it in fee simple , and may put it to uses other than those specified in

8645-452: The treatment of those individuals more uniform, Congress passed the URA in 1970 which abrogated the existing patchwork scheme of relocation assistance. In the Act, Congress declared its purpose in enacting the URA to be the establishment of: A uniform policy for the fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs in order that such persons shall not suffer disproportionate injuries as

8740-446: The validity of certain aspects of Marxist analysis, the majority of socialists are sympathetic to Marx's views on exploitation and alienation. Socialists critique the private appropriation of property income because such income does not correspond to a return on any productive activity and is generated by the working class , it represents exploitation. The property-owning (capitalist) class lives off passive property income produced by

8835-416: Was compulsorily acquired for public use under eminent domain law. Similar provisions have been introduced by most of the individual states . The Fifth Amendment 's Takings clause does not provide for the compensation of relocation expenses if the government takes a citizen's property. Therefore, until 1962, citizens displaced by a federal project were guaranteed just compensation for the property taken by

8930-469: Was eliminated. In spite of contrary statements found in some American law, in the United Kingdom, compulsory purchase valuation cases were tried by juries well into the 20th century, such as Attorney-General v De Keyser's Royal Hotel Ltd (1919). In England and Wales , and other jurisdictions that follow the principles of English law , the related term compulsory purchase is used. The landowner

9025-655: Was that it led to improved land management and cultivation over common land. In the 18th century, during the Industrial Revolution , the moral philosopher and economist Adam Smith (1723–1790), in contrast to Locke, distinguished between the "right to property" as an acquired right, and natural rights . Smith confined natural rights to "liberty and life". Smith also drew attention to the relationship between employee and employer and identified that property and civil government were dependent upon each other, recognizing that "the state of property must always vary with

#996003