Definition of Imminent Domain

Imminent domain, or eminent domain as its known in the United States, is the concept in which the state can use the power of common law to seize a citizen's private property. This generally occurs with a monetary compensation but is enforced regardless of a person's consent. Imminent domain is usually conducted for use by a government itself, however, sometimes the process is taken on behalf of a third party.

History

The first official implementation of the concept of imminent domain was conducted by William the Conqueror in 1066. After he gained absolute power, he seized all land in England.

Identification

Different countries call the process by different names. It is referred to as compulsory purchase in the United Kingdom and Australia and expropriation in Canada and South Africa. Some states in the U.S. refer to it as appropriation.

Considerations

President George W. Bush issued an executive order in 2006 that stated all imminent domain seizures must occur with "just compensation" and for the "purpose of benefiting the general public."

Significance

Imminent domain is not limited to the seizure of land and property. In times of war, supplies can be seized for use by the military. In addition, intangible property, such as patents, copyrights and trademarks are also subject to seizure.

Size

There is substantial backlash against the concept of imminent domain within the United States. It has been the subject of countless legal cases. Although the federal government rarely exercises this right, the state governments have increased its use by nearly 25 percent since 2000.

Resources

• Eminent domain law
• Article about eminent domain abuses