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 strong in Europe and North the US from medieval instances to 1800, Susan Reynolds contextualizes the historical past of a huge felony doctrine concerning the dating among executive and the establishment of personal estate. prior to 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 was once in general permitted that land may be taken from them, with reimbursement, while the group, even if 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 group, person rights, and person estate that underlie the perform of expropriation yet were mostly neglected by means of historians of either political and felony notion.

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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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18. Hibst, Utilitas Publica, esp. 156–61. 19. ” Western Europe before 1100 23 took or borrowed land from churches. In 915, when a house of the bishop of Pavia had been demolished for a new city wall, King Berengar gave him permission to build one on top of the wall and to have the line of the wall and of a road diverted for his convenience. Other Italian bishops received royal license to build or repair town defenses. 21 Some of what they took they acquired by exchange, which obviated the need to pay compensation or to promise that the lands would be returned to the church.

Act concerning the river in Canterbury: 6 Henry VIII, c. 17; Act for mending the river at Exeter: 31 Henry VIII, c. 4, in Statutes of the Realm, 3:134–35, 720. 32. , c. 22; Clifford, History of Private Bill Legislation, 1:470, 479, 480–84. , not actual expropriation of land. The first act clearly taking land for roads that I have found is Act for enlarging and repairing of common highways: 14 Chas. II, c. 6, §5, in Statutes of the Realm, 5:375; Webb and Webb, English Local Government, 165–72. 33.

Lambert, Bills and Acts, 133–34; Thompson, Making of the English Working Class, 237, and Customs in Common, 97–184; cf. Bentham, Theory of Legislation, 144. 46 Western Europe and British North America both it and compensation into the courts in a big way. There was, however, as I have shown, nothing new either about expropriation or about compensation. 3 Italy There is more secondary work on expropriation in Italy than in England. The authors of works on architecture and town planning in medieval and Renaissance Italy are, unsurprisingly, more interested in the buildings than in the way land for them was acquired, but two works provide an excellent guide to medieval expropriation in Italy: Ugo Nicolini’s La proprietà, il principe e l’espropriazione per pubblica utilità: Studi sulla dottrina giuridica intermedia, as its title suggests, is focused more on doctrine than on the records of practice, but Pertile’s Storia del diritto italiano (1892–1903) cites a good many statutes and other records.

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