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Eminent Domain

Constitutional & Public Law Doctrines

Definition

The inherent sovereign power of the State to expropriate or acquire private immovable property for a public purpose, subject to the constitutional guarantee of authority of law and fair compensation (Article 300A).

Example

The National Highways Authority acquires 50 acres of private farmland to widen a public transport corridor under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act.