Editing Eminent domain (section)

==Europe==
In many European nations, the [[European Convention on Human Rights]] provides protection from an appropriation of private property by the state. Article 8 of 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 the rights and freedoms of others. This right is expanded by Article 1 of the [[European Convention on Human Rights#toc|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 [[tax]]es. Settled case-law of the European Court of Human Rights (ECtHR) provides that just compensation has to be paid in cases of expropriation.<ref>See ''[[James v United Kingdom]]'', decision of ECtHR dated by 21 February 1986, para 54.</ref>

===France===
In [[France]], the [[Declaration of the Rights of Man and of the Citizen]] similarly mandates just and preliminary compensation before expropriation; and a {{lang|fr|[[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<ref name="shame" /> accusations of collaboration with the Nazi occupier, the [[Renault]] company was expropriated from [[Louis Renault (industrialist)|Louis Renault]] posthumously and nationalised as {{lang|fr|Régie Nationale des Usines Renault|italic=no}},<ref name="shame">{{cite news |title=Louis Renault and the shame of a nation |work=The Daily Telegraph |first=Ian |last=Morton |date=14 May 2005 |url=https://www.telegraph.co.uk/motoring/2735296/Louis-Renault-and-the-shame-of-a-nation.html |location=London}}</ref> without compensation.<ref name="ogre">{{cite magazine |title=Foreign News: Was He Murdered? |magazine=[[Time (magazine)|Time]] |date=February 6, 1956 |url=http://www.time.com/time/magazine/article/0,9171,893292,00.html|archive-url=https://web.archive.org/web/20081214123926/http://www.time.com/time/magazine/article/0,9171,893292,00.html|url-status=dead|archive-date=December 14, 2008}}</ref>

===Germany===
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"<ref>{{cite web |url=https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.html#p0083 |title=Basic Law for the Federal Republic of Germany: Article 14: Property – Inheritance – Expropriation |website=Gesetze im Internet |location=Germany |publisher=Federal Ministry of Justice |access-date=2023-03-04}}</ref> and just compensation must be made. It also provides for the right to have the amount of the compensation checked by a court.

===Italy===
[[File:Espropria graffiti in Turin October 2016.jpg|thumb|{{lang|it|Espropria}}, "expropriate", protest graffiti in [[Turin]]]]
{{lang|it|Esproprio}} – or more formally {{lang|it|espropriazione per pubblica utilità}} ("expropriation for public utility") – in [[Italy]] takes place within the frame of [[Civil law (area)|civil law]], as an expression of the {{lang|it|potere ablatorio}} ({{linktext|ablative}} power). The law regulating expropriation is the D.P.R. n.327 of 2001,<ref>{{cite web |url=http://www.camera.it/parlam/leggi/deleghe/01325dla.htm |title=D.P.R. 327/2001 |website=Camera.it |access-date=2016-08-08}}</ref> amended by D.Lgs. n.302 of 2002;<ref>{{cite web |url=http://www.parlamento.it/parlam/leggi/deleghe/02302dl.htm |title=Dlgs 302/2002 |website=Parlamento.it |access-date=2016-08-08}}</ref> it supersedes the old expropriation law, the Royal Decree n.2359 of 1865. Also other national and regional laws may apply, not always giving full compensation to the owner.<ref>In other countries (France, Germany, Great Britain, Germany) is provided fair compensation according to the free market value both for regular expropriations or for absolutely unlawful occupations: {{cite journal |last1=Buonomo |first1=Giampiero |title=Occupazione acquisitiva: nodo irrisolto nonostante le modifiche al Testo unico |journal=Diritto&Giustizia Edizione Online |date=2003 |url=https://www.questia.com/projects#!/project/89339045 |access-date=2016-03-28 |archive-date=2016-03-24 |archive-url=https://web.archive.org/web/20160324160801/https://www.questia.com/projects#!/project/89339045 |url-status=dead }}</ref> Expropriation can be total (the whole property is expropriated) or partial; permanent or temporary.

The article 42 of the [[Constitution of Italy|Italian Constitution]] and the article 834 of the [[Law of Italy|Italian Civil Code]] state that any private goods can be expropriated for public utility. Furthermore, 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:<ref>{{Cite book|title=Manuale pratico dell'espropriazione|last1=Assini |first1=N. |last2=Tescaroli |first2=N. |year=2003|location=Padua}}</ref>
* legality: a public institution can expropriate private goods only in the cases law allows it and respecting its procedures (following article 23 of the [[Constitution of Italy|Italian Constitution]]);
* compensation: (art. 42/III) the State must provide a certain amount of money as compensation, which is determined by law. According to the [[Constitutional Court of Italy|Italian Constitutional Court]], this compensation is not required to be equal to the market value of the expropriated good, although this sum must not be merely symbolic.
{{lang|it|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 a natural or de facto [[monopoly]], and an essential service of public utility. The most famous nationalization in Italy was the [[Enel|1962 nationalization of the electrical power sector]].

===Spain===
Article 33.3 of the [[Spanish Constitution of 1978]] allows forced expropriation ({{lang|es|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.<ref>[http://www.congreso.es/consti/constitucion/indice/titulos/articulos.jsp?ini=33&tipo=2 Spanish Constitution of 1978], Art 33 part 3. Congress of Deputies.</ref>

===Sweden===
The right of the state or a municipality to buy property when it is determined to be of "particular public interest" is regulated in {{lang|sv|Expropriationslagen}} (1972:719).<ref>{{cite web |url=https://lagen.nu/1972:719 |title=Expropriationslag (1972:719) (ExprL) |publisher=Lagen.nu |access-date=2016-08-05}}</ref> 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.

===United Kingdom===

====England and Wales====
{{main|Compulsory purchase in England and Wales}}
After his victory in 1066, [[William the Conqueror]] seized virtually all land in England. Although he maintained absolute power over the land, he granted [[fief]]s to landholders who served as stewards, paying fees and providing military services. During the [[Hundred Years' War]] in the 14th century, [[Edward III of England|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, 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 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 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),<ref>{{Cite legislation UK |type=act |year=1845 |chapter=18 |act=Land Clauses Consolidation Act 1845}}</ref> the [[Land Compensation Act 1961]], the [[Compulsory Purchase Act 1965]], the [[Land Compensation Act 1973]],<ref>{{Cite legislation UK |type=act |year=1973 |chapter=26 |act=Land Compensation Act 1973}}</ref> 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]].

==== Scotland ====
{{main|Compulsory purchase laws in Scotland}}
In [[Scotland]], eminent domain is known as compulsory purchase. The development of powers of compulsory purchase originated in the [[Railway Mania|railway mania]] of the [[Victorian era|Victorian period]].<ref>[[Scottish Law Commission]], ''Discussion Paper on Compulsory Purchase'' (2014, SLC DP No: 159).</ref> Compensation is available to the landowner, with the [[Lands Tribunal for Scotland]] dealing with any disputes arising from the value of compensation.<ref>{{Cite legislation UK |type=act |year=1963 |chapter=51 |act=Land Compensation (Scotland) Act 1963 |section=8}}</ref> As in England and Wales, the law of compulsory purchase in Scotland is complex. The [[Compulsory purchase laws in Scotland#Current Legislation|current statutes]] regulating compulsory purchase include: the [[Lands<!--sic--> Clauses Consolidation (Scotland) Act 1845]] ([[8 & 9 Vict.]] c. 19);<ref>{{Cite legislation UK |type=act |year=1845 |chapter=19 |act=Lands Clauses Consolidation (Scotland) Act 1845}}</ref> the [[Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947]];<ref>{{Cite legislation UK |type=act |year=1947 |chapter=42 |act=Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947}}</ref> and the [[Land Compensation (Scotland) Act 1963]].<ref>{{Cite legislation UK |type=act |year=1963 |chapter=51 |act=Land Compensation (Scotland) Act 1963}}</ref> 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]].<ref>[[Scottish Law Commission]], ''[https://www.scotlawcom.gov.uk/publications/discussion-papers-and-consultative-memoranda/2010-present/ Discussion Paper on Compulsory Purchase]'' (2014, SLC DP No: 159).</ref>