Eminent Domain (Common Good) The doctrine of eminent domain is a positive doctrine because it allows governments to exercise their functions properly by ensuring effective service delivery to the public. “Eminent domain refers to the power bestowed in a government or an agent of the government to acquire property owned by private citizens specifically for public use” (Nichols Jr, 1940). In the US, the state and the federal governments can use the power of eminent domain to acquire private property for public use. The doctrine of eminent domain is backed up under US law and this is evidenced by the provisions of the US constitution as well as judicial decisions made by US courts. However, there is a lot of opposition to the doctrine. Most governments are elected by the citizens they govern. Thus, there is the aspect of sovereignty of every government. “The doctrine of eminent domain stems from the sovereignty inherent in every government and it can thus be argued that it is not necessary to recognise the government’s power to acquire property for public use within the law” (Meltz, Merriam & Frank, 1998 ). However, the doctrine of eminent domain collides with individual property rights of citizens in a country, but there has always been the need to recognize it and …show more content…
This provision recognises conditions that allow for the limitation of certain rights, especially the right to own property which is limited by the doctrine of eminent domain. Thus, arguments against eminent domain due to the fact that it limits the rights of US citizens to own property are squashed by the judicial practices followed before the powers can be put into action, to ensure these powers are implemented