Jump to ContentJump to Main Navigation
Before Eminent DomainToward a History of Expropriation of Land for the Common Good$
Users without a subscription are not able to see the full content.

Susan Reynolds

Print publication date: 2010

Print ISBN-13: 9780807833537

Published to North Carolina Scholarship Online: July 2014

DOI: 10.5149/9780807895863_reynolds

Show Summary Details
Page of

PRINTED FROM UNIVERSITY OF NORTH CAROLINA PRESS SCHOLARSHIP ONLINE (www.northcarolina.universitypressscholarship.com). (c) Copyright University of North Carolina Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NCSO for personal use.date: 17 October 2019

Justifications and Discussions

Justifications and Discussions

Chapter:
(p.85) Chapter 4 Justifications and Discussions
Source:
Before Eminent Domain
Author(s):

Susan Reynolds

Publisher:
University of North Carolina Press
DOI:10.5149/9780807895863_reynolds.7

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

North Carolina Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .