Eminent domain

The power of eminent domain is essential to a sovereign government. If the United States has determined its need for certain land for a public use that is within its federal sovereign powers, it must have the right to appropriate that land.

The power to take private property for public use, whether exercised by the sovereign directly, or by one to whom the sovereign power has been delegated for qi Msi public purposes. The superior right of property subsisting in a sovereignty, by which private property may in certain cases be taken or its use controlled for the public benefit, without regard to the wishes of the owner. The highest and most exact idea of property remaining in the government, or in the aggregate body of the people in their sovereign capacity, giving a right to resume the possession of the property in the manner directed by the constitution and the laws of the state whenever the public good requires it. 3 Paige, Ch. (N. Y.) 73. The term was originated by Grotius (De Jure Belli, lib. 3, c. 20, VII).

Eminent domain is the right of the people or government to take private property for public use. Code Civil Proc. Cal. § 1237. The right of eminent domain is the right of the state, through its regular organization, to reassert, either temporarily or permanently, its dominion over any portion of the soil of the state on account of public exigency and for the public good. Thus, in time of war or insurrection, the proper authorities may possess and hold any part of the territory of the state for the common safety; and in time of peace the legislature may authorize the appropriation of the same to public purposes, such as the opening of roads, construction of defences, etc. Eminent domain is the right which a government retains over the estates of individuals to resume them for public use. Wharton. The right of society, or of the sovereign, to dispose, in case of necessity, and for the public safety, of all the wealth contained in the state, is called "eminent domain." 2 Paine, 658. Eminent domain is the highest and most exact idea of property remaining in the government, or in the aggregate body of the people in their sovereign capacity. It gives a right to resume the possession of the property in the manner directed by the constitution and the laws of the state, whenever the public interest requires it. 3 Paige, 45, 78. "The exaction of money from individuals under the right of taxation, and the appropriation of private property for public use by virtue of the power of eminent domain, must not be confused. In paying taxes the citizen contributes his just and ascertained share to the expenses of the government under which he lives. But when his property is taken under the power of eminent domain, he is compelled to surrender to the public something above and beyond his due proportion for the public benefit. The matter is special. It is in the nature of a compulsory sale to the state." Black, Tax-Titles, § 3. The term "eminent domain" is sometimes (but inaccurately) applied to the land, buildings, etc., owned directly by the government, and which have not yet passed into any private ownership. This species of property is much better designated as the "public domain," or "national domain."

[Lat. dominium eminens.] The inherent sovereign power of a state, which gives to the legislature the control of private property for public uses. 2 Kent's Com. 339, and note. The ultimate right of the sovereign power to appropriate not only the public property but the private property of all the citizens within the territorial sovereignty, to public purposes. Story, J., 11 Peters' R. 420, 641. Webster, arg. S. C. Wood, C. J., 14 Ohio R. 147, 173. The original and ultimate property claimed by the people of a state in and to all lands within the jurisdiction of the state. 1 N. Y. Rev. Stat. [718,] 714, § 1. 3 Kent's Com. 613. 4 Id. 3.