expropriation

expropriation, the taking away or depriving of property or proprietary rights. The term formerly applied to any compulsory deprivation of property, particularly by a public agency, but now pertains primarily to government takings where compensation is rendered, as in exercising the right of eminent domain. It is distinguished from confiscation by the fact that compensation is paid to the private owner.

The origin of the word expropriation is the Spanish expropriacion, which originally constituted the taking of private land for public use in any fashion. While the term is sometimes applied to the transfer of property from one private individual to another, expropriation is properly only the transfer from private to public hands and, under later usage, is specifically the acquisition of private property under the right of eminent domain. As such, expropriation implies legal process and just compensation for goods or property taken for public use, with judicial redress as a remedy for inadequate compensation. Expropriation is not ordinarily a method of supplying the common needs of the government but is directed toward the satisfaction of specific government objectives.

The right of the property owner to be adequately compensated for losses incurred by expropriation is recognized in international law and finds constitutional protection in many jurisdictions. In the United States, the Fifth Amendment to the constitution provides that “no person shall be...deprived of life, liberty or property without due process of law; nor shall private property be taken for public use without just compensation.” While this limits only the power of the federal government, the U.S. Supreme Court has held that the Fourteenth Amendment imposes a similar limit on the power of state governments. In the United Kingdom, there is a strong presumption of law that when an act of Parliament authorizes the compulsory acquisition of private property, it is intended that adequate compensation shall be payable. This presumption, however, has not been called into operation, since in practice parliament has invariably provided for compensation in such statutes. The question of what constitutes just and adequate compensation is determined by a variety of factors, but the most common standard in both Britain and the United States is the monetary equivalent of the owner’s loss.