Eminent Domain - Europe

Europe

In many European nations, the European Convention on Human Rights provides protection from appropriation of private property by the state. Article 8 of the Convention provides that "Everyone has the right to respect for his private and family life, his home, and his correspondence" and prohibits interference with this right by the state, unless the interference is in accordance with law and necessary in the interests of national security, public safety, economic well-being of the country, prevention of disorder or crime, protection of health or morals, or protection of the rights and freedoms of others. This right is expanded by Article 1 of the First Protocol to the Convention, which states that "Every natural person or legal person is entitled to the peaceful enjoyment of his possessions.". Again, this is subject to exceptions where state deprivation of private possessions is in the general or public interest, is in accordance with law, and, in particular, to secure payment of taxes. Settled case-law of ECHR provides that just compensation has to be paid in cases of expropriation.

Read more about this topic:  Eminent Domain

Famous quotes containing the word europe:

    Can we never extract this tape-worm of Europe from the brain of our countrymen?
    Ralph Waldo Emerson (1803–1882)

    Of one thing I can assure you with comparative certainty, whoever wins, Europe will be economically ruined. This war is America’s great opportunity.
    John Dos Passos (1896–1970)

    The people of Western Europe are facing this summer a series of tragic dilemmas. Of the hopes that dazzled the last twenty years that some political movement might tend to the betterment of the human lot, little remains above ground but the tattered slogans of the past.
    John Dos Passos (1896–1970)