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Before Eminent DomainToward a History of Expropriation of Land for the Common Good$
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Susan Reynolds

Print publication date: 2010

Print ISBN-13: 9780807833537

Published to North Carolina Scholarship Online: July 2014

DOI: 10.5149/9780807895863_reynolds

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Justifications and Discussions

Justifications and Discussions

(p.85) Chapter 4 Justifications and Discussions
Before Eminent Domain

Susan Reynolds

University of North Carolina Press

This chapter examines justifications and arguments on the principle of expropriation of land for the common good in Europe and North America between the twelfth and eighteenth centuries. It discusses the nature of property rights and of the apparently assumed priority over them of the good of the community, the authority of the person or persons who ordered the expropriation, and expropriations by lesser authorities or communities. The chapter first considers the right of expropriation based on evidence from twelfth-century Italy, followed by Hugo Grotius's argument basing the right of expropriation firmly on the origin and nature of property rights. It also examines the concept of dominium eminens, or eminent domain, in the sense of property rights during the period.

Keywords:   expropriation of land, common good, Europe, North America, property rights, authority, Italy, Hugo Grotius, dominium eminens, eminent domain

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