ABSTRACT
In the United Kingdom we retain a monarchy and, under that institution, the Crown may have powers. The exercise of such powers is known as royal prerogative. In certain areas of government activity royal prerogative remains important, but in the field of land acquisition, Parliament has severely curtailed the use of prerogative powers. Although in the past the Crown had undoubted prerogative to take land without its owner’s consent, particularly in times of war, it is doubtful whether the Crown can take land under this method today, except in the most exceptional circumstances: see Chapter 3. Finally, the position in the United States of America must be mentioned. There the legislatures have power to take private property for public use without the owner’s consent: this is by virtue of the doctrine of eminent domain. If a public purpose will be served by the taking of property, the owner’s rights are subject to the general good; the government, as representing that general good, may exercise this power through the legislature. The safeguard for the individual lies in the Constitution of the United States that private property shall not be taken for public use without just compensation. 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, and is therefore similar to the power of a monarch. This power is reflected in the doctrine of eminent domain in the United States and the royal prerogative in the United Kingdom; but, whereas the doctrine supports the legislative power to take private property, the royal prerogative is practically defunct in land acquisition.
