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

By Susan Reynolds

During this concise background of expropriation of land for the typical stable in Europe and North the United States from medieval instances to 1800, Susan Reynolds contextualizes the heritage of a huge felony doctrine in regards to the courting among executive and the establishment of personal estate. ahead of Eminent area concentrates on western Europe and the English colonies in the USA. As Reynolds argues, expropriation was once a standard criminal perform in lots of societies during which contributors had rights to land. It used to be mostly approved that land may be taken from them, with repayment, whilst the group, in spite of the fact that outlined, wanted it. She cites examples of the perform because the early heart a long time in England, France, Germany, Italy, and Spain, and from the 17th century in the USA. Reynolds concludes with a dialogue of earlier and current principles and assumptions approximately neighborhood, person rights, and person estate that underlie the perform of expropriation yet were principally missed by means of historians of either political and felony concept.

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Extra info for Before Eminent Domain: Toward a History of Expropriation of Land for the Common Good (Studies in Legal History)

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22 More surprisingly, perhaps, Domesday Book records that William also compensated the archbishop of Canterbury and St. Augustine’s abbey for land he had taken for the castle at Canterbury, and the bishop of Rochester for land taken there for a cas20. Schiaparelli, Diplomi di Berengario I, nos. 47, 90, 100, and also 137 (a marquis’s fortifications on his own land); Schiaparelli, Diplomi di Ugo e di Lotario, no. 11. 21. Dumville, Wessex and England, 29–54; Reynolds, Fiefs and Vassals, 329. 22. Bates, Regesta Regum Anglo-Normannorum, no.

Mínguez Fernández, Colección diplomatica de Sahagún, vol. 3, no. 914. 10. Fouracre, Age of Charles Martel, 2–3, 121–26, 137–40, discusses both the evidence and the origin of the traditional interpretation. 20 Western Europe before 1100 like other rulers and lords, sometimes bullied the clergy, ejected bishops and gave their sees to others, and may have taken land from churches for their own selfish purposes, their most famous “spoliations” were made for what they claimed were the needs of defense.

43. 50 Western Europe and British North America water supplies or for building mills. The acquisitions and works seem to have been authorized in general terms by the commune, but the expenses, along with most of the detailed decisions, were largely left to the immediate neighbors, with those who stood to profit most paying most. 58 What was agreed by all or most of those affected was, it seems, taken for granted as being for the common good.

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