Eminent domain—the government’s authority to take private property for public use—is often viewed as a modern legal issue. However, its origins span thousands of years, from ancient monarchies to early American political theory. Understanding its history provides essential context for how we protect property rights today.

Ancient Foundations of Eminent Domain

Long before legal codes, rulers in Mesopotamia and ancient Egypt regularly took land and labor to support the public good. Property was often seized for irrigation systems, temple construction, and royal tombs.

Because land was considered the domain of kings or pharaohs, takings were rarely questioned and compensation was almost unheard of.

However, in the Roman Empire eminent domain began to take legal form. The state had the right to claim land for roads, aqueducts, and forts, but it was expected to provide compensation. This balance between public interest and private rights would become a legal precedent in Western law.

Eminent Domain in Medieval and Early Modern Europe

During the Middle Ages, European monarchs took land for military fortifications and royal castles as a matter of necessity. However, such powers were increasingly challenged:

• In 1215, the Magna Carta limited English royal authority and asserted that property couldn’t be seized without due process.

• In the 1620s, Dutch jurist Hugo Grotius became one of the first to argue that just compensation must accompany any public taking.

• By 1689, the English Bill of Rights reinforced the principle that private property was a core civil liberty.

These developments laid crucial groundwork for modern notions of property rights and shaped the way governments would justify and regulate land seizures in centuries to come.

Eminent Domain in the American Colonies

In early America, British authorities exercised eminent domain-like powers during the Siege of Boston (1775–1776) by seizing private property for military fortifications. Compensation was inconsistent, and the practice fueled growing resentment.

The U.S. Constitution and Property Rights

By the time the U.S. Constitution was drafted in 1789, protecting private property was a core concern. Influenced by John Locke and other Enlightenment thinkers, the Fifth Amendment declared:

“…nor shall private property be taken for public use, without just compensation.”

This clause formally recognized both the necessity of eminent domain and the rights of individuals to be fairly compensated.

Florida’s Modern Approach to Eminent Domain

Florida’s Constitution strengthens these protections in Article X, Section 6  which requires that any taking must be for public use and include full compensation.

• Full compensation includes the value of the taking and severance damages, as well as reasonable fees and costs.

• Attorney’s fees typically consist of an amount equal to a percentage of the benefit achieved to the owner, paid in addition to the owner’s recovery.

In 2005, the Supreme Court’s Kelo v. City of New London decision expanded the definition of “public use,” allowing governments to transfer property from one private owner to another for economic development. Florida responded to this decision with laws prohibiting any such transfers.

These provisions reflect centuries of legal evolution, from Egyptian temples to American highways, eminent domain has long been used to serve the public good. But as history shows, the legitimacy of this power depends on protecting private rights. Florida’s legal framework continues the tradition of ensuring that when the state must take, it also must compensate.