Can the government take my property against my will?

How the answer differs across 12 jurisdictions

The Short Answer

Yes, the Canadian government can take your property against your will through expropriation — but only for a public purpose, with fair compensation, and following strict legal procedures under the federal Expropriation Act.

Public purpose
Required reason
Fair compensati
Mandatory payment
Hearing require
Before confirmation
s. 4 applies
Federal scope
AustraliaFull article
The Short Answer

Yes, you are entitled to just terms compensation if the Australian government acquires your land for a highway under federal or state law.

Just terms
Constitutional requirement
Market value
Primary compensation basis
30 days
Notice period (Cth)
12 months
Claim time limit (NSW)
The Short Answer

Yes, the Irish government can compulsorily acquire your land for public purposes under the Planning and Development Act 2000, but only following strict legal procedures and with fair compensation.

s. 213
Relevant section
Public purpose
Legal requirement
Fair compensati
Mandatory payment
2000 Act
Governing law
SingaporeFull article
The Short Answer

Yes, the Singapore government can compulsorily acquire your property under the Land Acquisition Act for public purposes, subject to fair compensation and procedural safeguards.

s. 5
Legal basis
Public purpose
Acquisition condition
Fair compensati
Mandatory payment
1966 Act
Enactment year
European UnionFull article
The Short Answer

Under EU law, you have the right to fair and prior compensation for expropriated land, grounded in the Charter of Fundamental Rights and interpreted by the European Court of Human Rights.

Article 17
EU Charter right
Prior payment
Compensation timing
Market value
Compensation basis
Art. 1 Prot. 1
ECHR provision
The Short Answer

Land acquisition in India is governed primarily by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act), which mandates social impact assessment, consent from affected families, fair compensation (up to 4x market value in rural areas), and rehabilitation before acquisition.

4x market value
Rural compensation
80% consent
Private project threshold
70% consent
PPP project threshold
6 months
SIA completion time
South KoreaFull article
The Short Answer

In South Korea, land acquisition for public projects follows a statutory procedure under the Land Acquisition Act, involving project approval, designation of acquisition area, negotiation, and, if needed, compulsory acquisition through administrative decision.

30 days
Notice period before acquisition
6 months
Negotiation period
KRW 50M
Compensation threshold appeal
Article 24
Compulsory acquisition basis
The Short Answer

The council can only compulsorily purchase your home if it has legal authority for the development and follows strict statutory procedures, including serving a notice and offering fair compensation.

s. 7 CPA 1965
Key statute
Fair compensati
Legal requirement
Notice required
Procedural step
Public purpose
Must be shown
US FederalFull article
The Short Answer

Yes, the federal government can take your private property through eminent domain for public use, but it must pay just compensation and follow legal procedures.

5th Amendment
Constitutional basis
Just compensati
Required payment
Public use
Legal requirement
40 U.S.C. § 311
Key federal statute
US-CaliforniaFull article
The Short Answer

Yes, the government can take your property through eminent domain in California for a public use, but only if it pays you just compensation and follows strict legal procedures.

5th Amendment
U.S. Constitutional basis
Art. I, §19
CA Constitution provision
$0
Minimum compensation
30 days
Notice before hearing
US-New YorkFull article
The Short Answer

Yes, New York can take your property through eminent domain for a 'public use' if it pays 'just compensation,' as authorized by the state constitution and Eminent Domain Procedure Law.

5th Amendment
U.S. Constitutional basis
Art. I, § 7
NY Constitution provision
EDPL § 201
Key NY statute
30 days
Notice response deadline
The Short Answer

Land expropriation in Japan follows a strict statutory process under the Land Expropriation Act, requiring public purpose, fair compensation, and approval by the Expropriation Committee.

30 days
Notice period before hearing
6 months
Compensation payment deadline
10 years
Public purpose validity
50% deposit
Initial compensation deposit

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.