Abstract: During the severe COVID-19 outbreak, Dali City, Yunnan Province requisitioned the surgical masks that were transported via the city. This paper makes a systematic analysis of the incident from the legal aspect. It argued that the behavior of obtaining masks in Dali city is requisition, not eminent domain; the behavior has public interest, but it violates the legitimate rights of other provinces and causes serious adverse social impact; Dali city has jurisdiction over masks in its own administrative area, but masks are public goods and cannot be the object of requisition. It is illegal to requisite surgical masks in Dali. 

Key words: requisition,  eminent domain, public interest,  jurisdiction,  public goods