ABSTRACT
This chapter discusses the student or layman whose knowledge and experience of law, and of what laws are for, is limited. It begins with the essence of the problem: one person wishes to acquire the land of another, if necessary, without his consent. Perhaps an example will focus our minds on the problem and the possible solutions. The origin of the doctrine of eminent domain is unclear, though certainly it reflects the supremacy of the state over the people and their private property, the power of a monarch. The Leasehold Reform Act 1967 has already been considered in relation to the meaning of public benefit. The United Kingdom is a signatory to the European Convention for the Protection of Human Rights and Fundamental Freedoms and under that convention there are articles protective of private possessions. The Act of Parliament will usually authorise a named authority, or body, to compulsorily purchase certain land for stated purposes.
