Why in News?

• Amid President Donald Trump’s accusing South Africa of confiscating private land, the article discusses the evolution of laws governing land acquisition and property rights in different countries, including South Africa, the US, and India.
• It highlights the balance between private property rights and the state's power of eminent domain.

Eminent Domain and Historical Background:

• The concept of eminent domain refers to the authority of the state to acquire private land for public use, with or without compensation.
• The term traces back to Hugo Grotius in 1625, who described the idea that a sovereign can take private property for public necessity.
• The principle traveled to European colonies and influenced laws such as:
  • Land Acquisition Act, 1894 (India)
  • Expropriation Act, 1975 (South Africa)

Global Perspective on Property Rights:

• United Kingdom:
  • Magna Carta (1215) was the first instance where limits were placed on the King’s power to arbitrarily take property.
  • It required that land could only be taken “by the law of the land.”
• United States:
  • The Fifth Amendment (1791) states that private property cannot be taken for public use without just compensation.
  • In Kelo v. City of New London (2005), the US Supreme Court ruled that property acquisition to facilitate private economic development could be justified under “public use.”
  • Some US states, like Alabama, Delaware, and Texas, later restricted the use of eminent domain.
• South Africa: Article 25 of the Constitution states that no one can be deprived of property arbitrarily, but expropriation is allowed for a public purpose with just compensation.
• India:
  • The Constitution initially recognized the right to property as a fundamental right under Article 19.
  • In addition, Article 31 ensures that the property could not be taken into possession or acquired for public purpose unless the law provides for the compensation of such properties.
  • However, the 44th Constitutional Amendment (1978) removed it from the list of fundamental rights.
  • It is now a legal right under Article 300A, which ensures that property cannot be taken without legal authority.

Land Acquisition in India:

• Pre-2013 framework:
  • Governed by the Land Acquisition Act, 1894.
  • Allowed the government to acquire land for a “public purpose” with compensation.
  • Did not consider the impact on affected families beyond the landowner.
• Right to Fair Compensation and Transparency in Land Acquisition Act, 2013: It came into force to ensure:
  • Humane, participatory, and transparent land acquisition.
  • Social Impact Assessment (SIA) to evaluate the impact on affected communities.
  • Compensation, rehabilitation, and resettlement measures. 

Conclusion:

• Balancing public interest with private property rights is crucial.
• Different countries have evolved laws to regulate land acquisition, ensuring compensation and legal safeguards.
• In India, post-2013 reforms aimed at making the land acquisition process more just and transparent.