Expropriation

Expropriation is the compulsory acquisition of private property by a public authority for a purpose deemed to be in the public interest. The act is typically exercised by national, regional, or local governments and is grounded in legal provisions that allow the seizure of land, buildings, or other assets, provided that the owner receives just compensation. The principle is recognized in many legal systems as a necessary tool for implementing infrastructure projects, urban renewal, environmental protection, or national security measures.

Legal basis and procedure vary by jurisdiction, but common elements include a formal declaration of intent, a valuation of the property, and an opportunity for the owner to contest the taking in an administrative or judicial forum. Compensation is generally required to be equivalent to the fair market value, though some systems permit adjustments for relocation costs, loss of business, or other consequential damages.

Expropriation can be distinguished from related concepts such as eminent domain (the term used in the United States) and requisition (temporary seizure for emergency use). International law, particularly the doctrines of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, obliges states to ensure that expropriation is lawful, non‑discriminatory, and accompanied by prompt, adequate, and effective compensation.

Critics argue that expropriation may be misused for political or commercial gain, leading to disputes over fairness and transparency. Proponents contend that it enables the development of essential public infrastructure, such as roads, schools, hospitals, and utilities, which would be difficult to achieve through voluntary negotiation alone. Notable cases include the construction of the United States interstate highway system, the creation of reservoirs in Brazil’s São Paulo state, and land acquisitions for industrial zones in China.