By Susan Reynolds
During this concise historical past 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 an incredible felony doctrine concerning the courting among executive and the establishment of non-public estate. earlier than Eminent area concentrates on western Europe and the English colonies in the USA. As Reynolds argues, expropriation was once a typical criminal perform in lots of societies during which members had rights to land. It used to be quite often accredited that land may be taken from them, with repayment, while the group, in spite of 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 previous and current rules and assumptions approximately group, person rights, and person estate that underlie the perform of expropriation yet were mostly overlooked via historians of either political and felony idea.
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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)
The hagiographical context, together with the reference to novelty, would make the contemporary recognition of a norm slightly doubtful if it were not for the Pipe Roll evidence from Henry’s reign. Hugh may have been making the king do what was generally agreed to be right, though whether the norm applied to land taken from people of such low status is doubtful. The Witham peasants would not, presumably, have been covered by the prohibition in clause 39 of Magna Carta (1215) against the arbitrary seizure of land from free men.
227, c. 5, of 844, and the taking of some land in Codice Diplomatico di Bobbio, no. 66, of 877. 17. Janet Nelson, “Kingship and Empire,” 227. ” 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.
32 Here compensation for any land that was taken from individuals may have seemed inappropriate: everyone was supposed to contribute to the work and profit from it. 5 Other Probable Expropriations The same may apply to other expropriations which could, I suspect, have been made by local communities acting on their own initiative — which probably means that of the most prosperous and respected men among them — without formal approval from king or lord. So far, I have no direct evidence of this, but there is evidence here and there of collective local control of land use that could perhaps have involved the right to take bits of land from members of the community.