Download Before Eminent Domain: Toward a History of Expropriation of by Susan Reynolds PDF

By Susan Reynolds

During this concise background of expropriation of land for the typical strong in Europe and North the USA from medieval occasions to 1800, Susan Reynolds contextualizes the historical past of a huge criminal doctrine in regards to the dating among executive and the establishment of personal estate. sooner than Eminent area concentrates on western Europe and the English colonies in the US. As Reynolds argues, expropriation was once a standard criminal perform in lots of societies within which participants had rights to land. It was once in general permitted that land may be taken from them, with reimbursement, while the group, even though outlined, wanted it. She cites examples of the perform because the early heart a while in England, France, Germany, Italy, and Spain, and from the 17th century in the US. Reynolds concludes with a dialogue of previous and current principles and assumptions approximately neighborhood, person rights, and person estate that underlie the perform of expropriation yet were principally overlooked by way of historians of either political and felony concept.

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Where Roman vidual’s garden wall as compensation for land taken for town wall, 1475), East Kent Archive Centre. 24. Ballard and Tait, British Borough Charters, 120–21, 377; Calendar of the Patent Rolls, 1413–1416, 224, 368–69, where the king was clearly concerned because of coastal defenses; Calendar of Patent Rolls, 1429–1436, 57–58, maybe because this involved a church. 25. Elenchus, vol. 2(2): England, no. 73. Nos. 62 and 66 make reference to communis utilitas. 26. 1). 27 That, however, does not seem to explain the similar assumption in England: perhaps, both in England and elsewhere, it was the effect of governmental practice rather than of legal principles or theories.

According to the Roman jurist Ulpian this had needed authorization from the emperor or governor, but in early 23. Domesday Book, vol. 1, fols. 2r, 2v. 24. , fols. 32r, 78v. Domesday has Wareham rather than Corfe, but see Colvin, History of the King’s Works, 2:852 n. 25. The bishop of Lincoln, for instance, was not apparently compensated for loss of a house in loco castri in Huntingdon: Domesday Book, vol. 1, fol. 203r. 26. , fols. 101v, 121v, 181v. 27 Little is recorded about the building of most fortifications, but there are some occasions about which there is enough information at least to raise questions about the acquisition of the land on which walls, banks, or ditches were constructed.

Megarry and Wade, Law of Real Property, 4th ed. (1975), 775, 1104. The 6th edition (2001), by C. , at the beginning of the book. 3. See especially Stoebuck, “General Theory,” even if I contest some of his points below. 4. Pipe Roll 31 Henry I, 135. This and later references were found through the index in Colvin, History of the King’s Works, vol. ” 36 Western Europe and British North America royal estate at Witham (Somerset) to the Carthusian monastery that he founded there about 1178–80, evicting the peasants who lived there.

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