Question

Which moral theory would best be suited to justify the legal procedure known as “eminent domain?”

Answer 1

The moral theory of John Locke wherein he propounded the theory of Treatment of Property.

In oversimplified terms: Within the law of eminent domain, the government has the right of acquiring a private property for the benefit of the public, as it can be used for public use.

Locke was of the ardent faith that capitalist accumulation should be shunned, as the more is accumulated the more it is bound to be spoiled as it is not in direct use. Then, he propagated the principle of 'sufficiency restriction' that says that one should only has as much as is enough and as good, not more or less. And, the final, one should only have that much property as is gained through true labor.

As a consequence, the property or the piece of land should be put to good use, and should be acquired if more than sufficient for a concerned individual, which the government practices through the law of eminent domain.

Although, there has been a lot of criticism and vitriol that surrounds this theory and the exploitation of its use by the government.