Under This Division Are Included The Subjects Of Eminent Domain, Escheat, Confiscation, And Forfeiture.

Eminent domain is the right possessed by the government to take property for public use, upon giving due compensation, or to authorize such a taking by a corporation or individual engaged in a quasi-public occupation. The subject of eminent domain has already been treated under the subject of Constitutional Law.14

Escheats is the right of the government to take the property of an intestate who dies without leaving any heirs to inherit.

Confiscation is the right of a government to take the property of its enemies in time of war. This right is mainly, but not entirely confined to the case of personal property.

"The term forfeiture, when employed to designate a method of acquiring title, has several distinct meanings. In its primary signification it is the means whereby the property of the citizen inures to the state by reason of the violation of law or neglect of legal duty. In the United States this occurs only in case of attainder of treason or non-payment of taxes. In either case it is in the nature of a penalty, and results as an incident of our reciprocal duties and obligations. In England attainder of treason worked corruption of blood and perpetual forfeiture of the estate of the person attainted to the disinheritance of his heirs. When the Federal Constitution was framed, this was felt to be a great hardship, if not a positive injustice, and, for this reason, it was ordained that no attainder of treason should work corruption of blood or forfeiture of estate, except during the life of the person attainted. A forfeiture for non-payment of taxes is based upon the principle that every owner of lands holds his estate upon the implied condition that he will promptly pay his share of the common burdens assessed against the entire community, and if he fails to comply with this condition, and his estate is offered at public sale, for such delinquency, and no purchaser can be found for it, the title is transferred from the owner to the State, the latter being always ready to bid for the land when no other bidder appears." 15

14 See Vol. II, Subject 3, Section 89.

The subject of tax titles is regulated by statutes in the several states. The law looks with disfavor upon tax titles, and will, whenever possible, set them aside upon the repayment of the amount of the taxes with interest and costs.