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

By Susan Reynolds

During this concise heritage of expropriation of land for the typical solid in Europe and North the US from medieval occasions to 1800, Susan Reynolds contextualizes the heritage of a tremendous felony doctrine in regards to the dating among govt and the establishment of non-public estate. ahead of Eminent area concentrates on western Europe and the English colonies in the USA. As Reynolds argues, expropriation used to be a typical criminal perform in lots of societies during which contributors had rights to land. It was once regularly permitted that land will be taken from them, with reimbursement, while the neighborhood, besides the fact that outlined, wanted it. She cites examples of the perform because the early center a while in England, France, Germany, Italy, and Spain, and from the 17th century in the USA. Reynolds concludes with a dialogue of prior and current principles and assumptions approximately neighborhood, person rights, and person estate that underlie the perform of expropriation yet were principally neglected by means of historians of either political and felony notion.

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18. Maitland, Memoranda de Parliamento, 32–33. 19. Calendar of Inquisitions Miscellaneous, vol. 2, no. 24; Chancery inquisitions miscellaneous, C 145/68/24, National Archives, London. 20. Colvin, History of the King’s Works, 2:716; Calendar of the Liberate Rolls, 1:396–97. 21 By the later Middle Ages, churches were becoming more vulnerable to more permanent and absolute seizures, without exchange or compensation, than they had been earlier. Lands in England belonging to French churches were confiscated when the two kingdoms were at war.

Western Europe and British North America 47 My first example of expropriation with compensation, and implicitly for the common good, comes (through Pertile) from Genoa in 1156. 43 Then at Pisa in 1164 the oaths to be taken by incoming consuls included an undertaking that they would have any losses to landowners caused by the making of new ditches, walls, and roads assessed on oath, taking into account any compensating profit (computato proficuo quod inde habetur), acquired presumably by access to the new roads.

And “Original Understanding,” 786 n. 41. , c. 18, in Cripps, Treatise on . . the Law of Compensation, 229–81; Simmonds and Biddle, Oxford Companion, 67–68, 250–52, 364. 42. Pertile, Storia, 4:354–62. Western Europe and British North America 47 My first example of expropriation with compensation, and implicitly for the common good, comes (through Pertile) from Genoa in 1156. 43 Then at Pisa in 1164 the oaths to be taken by incoming consuls included an undertaking that they would have any losses to landowners caused by the making of new ditches, walls, and roads assessed on oath, taking into account any compensating profit (computato proficuo quod inde habetur), acquired presumably by access to the new roads.

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