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Every government has the power to acquire private land for public use. This power is known as the eminent domain and is accompanied with an obligation on the government to pay just and prompt compensation for the acquisition of that private land. This is the power that the government exercised to acquire land for construction of the Standard Gauge Railway. This power is derived first from Article 40 (3) and Article 40 (4) of the Constitution. The procedures are then set out in detail in other laws.
Every government also has the power to regulate how owners utilise and manage their private land. Every government has a duty to exercise this power to secure the interest of the public.
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