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That would be illegal. Private property is private property. It belongs to the individual, not the state. The state can use eminent domain if it wants to build
by GalenErso 4y ago
That would be illegal. Private property is private property. It belongs to the individual, not the state. The state can use eminent domain if it wants to build a road for example, but not to retaliate against a person leaving.
- eynsham 4y agoPresumably the suggestion is to enact legislation under which the state would effect such seizures, which wouldn’t facially be unlawful. It might be unconstitutional, or impermissible in a rechtstaat, or inconsistent with a basic structure, but that wouldn’t be the case everywhere. In the Norwegian case the unconstitutional operation of a law is disapplied inter partes but not erga omnes at least de jure, although the state may take a hint.