The Underground Eminent Domain
By: Assistant Professor Abdul Qahar Azizi
Abstract
The underground eminent domain is an important and necessary topic in the modern world. A government can take its citizens property in exchange for compensation for public welfare. In general, according to Afghan law, the taking of property consists of two types, full eminent domain and partly eminent domain. The underground eminent domain is used for power cables and internet lines, which extend below the surface of the earth, for metro and underground railways. The globe has been advancing and the use of the surface below the earth is increasing. The use just belongs to the underground; this is why we can use the term partly eminent domain here. Some countries have admitted to expropriating below the surface of the earth. The government of Ireland can not only limit the use of underground and right of easement, but also can take its property right. Afghanistan civil code allowed the partly eminent domain, although types and procedures are not cleared. It is important to be legalized within the Afghan law of expropriation. However, it was just mentioned in the Afghan expropriation law one time in Line-Extended project as metro system. In addition, there is light explanation of expropriation within Islamic jurisprudence. Expropriation is not termed in jurisprudence as its name; however, it is mentioned as substitution of individual property to public property or conclusion of property. This paper is written in analytical-comparative method. The sections of Afghan law are analyzed and compared not only to Islamic Jurisprudence, but also other countries’ legal sets.