EMINENT DOMAIN: BALANCING PUBLIC INTEREST AND PRIVATE PROPERTY RIGHTS

AUTHORS – SNEKHA VARADHAN* & DR. P. BRINDA**, LLM SCHOLAR* & H.O.D** AT DEPARTMENT OF PROPERTY LAW, SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – SNEKHA VARADHAN & DR. P BRINDA, EMINENT DOMAIN: BALANCING PUBLIC INTEREST AND PRIVATE PROPERTY RIGHTS, ILE PROPERTY AND LAND LAW REVIEW (ILE PLLR), 2 (1) OF 2024, PG. 37-43, APIS – 3920 – 0048 | ISSN – 2584-1998

ABSTRACT

This article was written by Snekha Varadhan . The author of this article gives thorough explanation of the eminent domain legal principle. A topic of dispute in eminent domain is the definition of “public use/purpose.” Historically, included projects. Such as schools and roads, but there is ongoing controversy over extending the period its cover economic development and other projects that have an indirect positive impact of the general population. After that, the essay explores the moral issues raised by eminent domain.

India’s economy is still  its early days, yet it is regarded as one of the world’s fastest-growing economies. With a population of over 1.3 billion, India faces several challenges, including poverty. To address this issue, the Indian government has developed a number of infrastructure initiatives. High-tech cities, several industrial routes, and numerous roads are all part of it.

To put it simply, the doctrine states that the government may own any property owned by the general people as long as it pertains to the advancement of society. This article explores the idea of eminent domain theory and the need to weigh the public interest when the government buys public land.
This article examines how property owners can defend their rights, the government’s considerations, and the benefits and drawbacks of eminent domain.

KEYWORDS -eminent domain, acquisition, infrastructure, land, government.