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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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PRINTED FROM UNIVERSITY OF NORTH CAROLINA PRESS SCHOLARSHIP ONLINE (www.northcarolina.universitypressscholarship.com). (c) Copyright University of North Carolina Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NCSO for personal use.date: 16 May 2021

Communities, Individuals, and Property

Communities, Individuals, and Property

Chapter:
(p.111) Chapter 5 Communities, Individuals, and Property
Source:
Before Eminent Domain
Author(s):

Susan Reynolds

Publisher:
University of North Carolina Press
DOI:10.5149/9780807895863_reynolds.8

This chapter examines the expropriation of land for the public good in Europe and North America from the medieval period to 1800. It shows how expropriation for the public good became the subject of much legal argument after 1800, with individual cases being contested and some general rules and procedures being worked out in different jurisdictions. It suggests that during the centuries when polities were assumed to form natural, given communities into which individuals were born, the problem of reconciling property rights with the needs of communities was virtually nonexistent. The chapter also discusses property law, regulation, and rights in the context of the rights and wrongs of expropriation.

Keywords:   expropriation of land, public good, Europe, North America, medieval period, communities, individuals, property rights, property law

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