Sundvõõrandamise

Sundvõõrandamise, often translated as expropriation or eminent domain, is a legal process by which a public authority can acquire private property for public use, even if the owner is unwilling to sell. This power is generally recognized in most legal systems and is typically exercised for projects that serve a broader public interest, such as the construction of roads, railways, schools, or other infrastructure.

The core principle behind sundvõõrandamise is that the needs of the community can sometimes outweigh the rights of an individual property owner. However, this power is not absolute. Legal frameworks usually require that the expropriation must be for a legitimate public purpose and that the owner must receive fair compensation for their property. The definition of "fair compensation" can vary, but it typically aims to reflect the market value of the property, sometimes including severance damages or other losses incurred by the owner due to the acquisition.

The process often involves a formal declaration of intent by the public authority, followed by negotiations with the property owner. If an agreement cannot be reached, legal proceedings may be initiated to determine the necessity of the expropriation and the appropriate compensation. Property owners usually have the right to challenge the expropriation in court, arguing either that the purpose is not public or that the compensation offered is inadequate. The specific procedures and safeguards associated with sundvõõrandamise are detailed in national legislation and vary from country to country.