Before Eminent Domain

Toward a History of Expropriation of Land for the Common Good

Author: Susan Reynolds

Publisher: Univ of North Carolina Press

ISBN: 9780807895863

Category: Law

Page: 192

View: 9008

In this concise history of expropriation of land for the common good in Europe and North America from medieval times to 1800, Susan Reynolds contextualizes the history of an important legal doctrine regarding the relationship between government and the institution of private property. Before Eminent Domain concentrates on western Europe and the English colonies in America. As Reynolds argues, expropriation was a common legal practice in many societies in which individuals had rights to land. It was generally accepted that land could be taken from them, with compensation, when the community, however defined, needed it. She cites examples of the practice since the early Middle Ages in England, France, Germany, Italy, and Spain, and from the seventeenth century in America. Reynolds concludes with a discussion of past and present ideas and assumptions about community, individual rights, and individual property that underlie the practice of expropriation but have been largely ignored by historians of both political and legal thought.
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The History of the London Water Industry, 1580–1820

Author: Leslie Tomory

Publisher: JHU Press

ISBN: 1421422042

Category: Business & Economics

Page: 336

View: 1240

Beginning in 1580, a number of competing London companies sold water directly to consumers through a large network of wooden mains in the expanding metropolis. This new water industry flourished throughout the 1600s, eventually expanding to serve tens of thousands of homes. By the late eighteenth century, more than 80 percent of the city’s houses had water connections—making London the best-served metropolis in the world while demonstrating that it was legally, commercially, and technologically possible to run an infrastructure network within the largest city on earth. In this richly detailed book, historian Leslie Tomory shows how new technologies imported from the Continent, including waterwheel-driven piston pumps, spurred the rapid growth of London’s water industry. The business was further sustained by an explosion in consumer demand, particularly in the city’s wealthy West End. Meanwhile, several key local innovations reshaped the industry by enlarging the size of the supply network. By 1800, the success of London’s water industry made it a model for other cities in Europe and beyond as they began to build their own water networks. The city’s water infrastructure even inspired builders of other large-scale urban projects, including gas and sewage supply networks. The History of the London Water Industry, 1580–1820 explores the technological, cultural, and mercantile factors that created and sustained this remarkable industry. Tomory examines how the joint-stock form became popular with water companies, providing a stable legal structure that allowed for expansion. He also explains how the roots of the London water industry’s divergence from the Continent and even from other British cities was rooted both in the size of London as a market and in the late seventeenth-century consumer revolution. This fascinating and unique study of essential utilities in the early modern period will interest business historians and historians of science and technology alike.
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Functionings of Land

Analysing Compulsory Acquisition Cases from Scotland

Author: Jyoti Rao

Publisher: Springer

ISBN: 9811314411

Category: Business & Economics

Page: 115

View: 5166

This book focuses on the 'functionings' and capabilities generated from land by their owners and the challenge in satisfactorily recreating these through the compensation paid in the case of compulsory acquisition of private land. These discussions initiate a new debate on the insufficiency of existing approaches to compensation that are ignorant of the losses of ‘capabilities’ and ‘functionings’. The relationship between land, ownership and well-being of an individual is explained through the identification of various ‘functionings’ associated with the ownership of land in the context of Scotland. Contemporary approaches to compensation, founded on the utilitarian argument, have led to dissatisfactory outcomes for the affected landowners. Discussions in this book shift the focus to equalizing the share of burdens and benefits for each individual member of the society, through equalization of human capabilities. This book will be of value to development economists, researchers, policy makers and law makers concerned with compulsory acquisition of land.
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Land Rights and Expropriation in Ethiopia

Author: Daniel W. Ambaye

Publisher: Springer

ISBN: 3319146394

Category: Political Science

Page: 282

View: 8367

This thesis provides a new approach to the Ethiopian Land Law debate. The basic argument made in this thesis is that even if the Ethiopian Constitution provides and guarantees common ownership of land (together with the state) to the people, this right has not been fully realized whether in terms of land accessibility, enjoyability, and payment of fair compensation in the event of expropriation. Expropriation is an inherent power of the state to acquire land for public purpose activities. It is an important development tool in a country such as Ethiopia where expropriation remains the only method to acquire land. Furthermore, the two preconditions of payment of fair compensation and existence of public purpose justifications are not strictly followed in Ethiopia. The state remains the sole beneficiary of the process by capturing the full profit of land value, while paying inadequate compensation to those who cede their land by expropriation. Secondly, the broader public purpose power of the state in expropriating the land for unlimited activities puts the property owners under imminent risk of expropriation.
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American Property

Author: Stuart Banner

Publisher: Harvard University Press

ISBN: 0674060822

Category: Law

Page: 375

View: 1226

What is property? Stuart Banner here offers a guided tour through the many manifestations, and innumerable uses, of property throughout American history. From indigenous culture to our genes, from one’s celebrity to Internet content, American Property reveals how our ideas of ownership evolve to suit our ever-changing needs.
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Congressional Record

Proceedings and Debates of the ... Congress

Author: United States. Congress

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 1720

The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
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A Treatise on State and Federal Control of Persons and Property in the United States

Considered from Both a Civil and Criminal Standpoint

Author: Christopher Gustavus Tiedeman

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584772298

Category: Law

Page: 1274

View: 2939

Tiedeman, Christopher G. A Treatise on State and Federal Control of Persons and Property in the United States Considered from both a Civil and Criminal Standpoint. St. Louis: The F.H. Thomas Law Book Co., 1900. Two volumes. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-229-8. Cloth. $195. * A conservative jurist known for his important study A Treatise on the Limitations of Police Power in the United States Considered from Both a Civil and Criminal Standpoint, Tiedeman [1857-1903] completed this work at a time when the spirit of social and economic laissez-faire of the Gilded Age was giving way to demands for greater degrees of governmental regulation in response to the emergence of modern corporate capitalism and, especially, the rapid growth of Socialism, Communism, and Anarchism. For Tiedeman, the fundamental issue is the need to control these groups in the interests of public order while preserving their rights of self-determination as guaranteed by the Constitution. He was optimistic that popular faith in the Constitution is strong enough to maintain this delicate balance.
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The Structural Transformation of the Public Sphere

An Inquiry Into a Category of Bourgeois Society

Author: J?rgen Habermas

Publisher: John Wiley & Sons

ISBN: 0745692338

Category: Philosophy

Page: 328

View: 2687

This major work retraces the emergence and development of the Bourgeois public sphere - that is, a sphere which was distinct from the state and in which citizens could discuss issues of general interest. In analysing the historical transformations of this sphere, Habermas recovers a concept which is of crucial significance for current debates in social and political theory. Habermas focuses on the liberal notion of the bourgeois public sphere as it emerged in Europe in the early modern period. He examines both the writings of political theorists, including Marx, Mill and de Tocqueville, and the specific institutions and social forms in which the public sphere was realized. This brilliant and influential work has been widely recognized for many years as a classic of contemporary social and political thought, of interest to students and scholars throughout the social sciences and humanities.
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The Law of Nations

Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Sovereigns. A Work Tending to Display the True Interest of Powers

Author: Emer de Vattel

Publisher: N.A

ISBN: N.A

Category: International law

Page: 563

View: 5473

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The Middle Ages without Feudalism

Essays in Criticism and Comparison on the Medieval West

Author: Susan Reynolds

Publisher: Routledge

ISBN: 1351219049

Category: History

Page: 328

View: 4271

This volume brings together articles (including two hitherto unpublished pieces) that Susan Reynolds has written since the publication of her Fiefs and Vassals (1994). There she argued that the concepts of the fief and of vassalage, as generally understood by historians of medieval Europe, were constructed by post-medieval historians from the works of medieval academic lawyers and the writers of medieval epics and romances. Six of the essays reprinted here continue her argument that feudalism is unhelpful to understanding medieval society, while eight more discuss other aspects of medieval society, law, and politics which she argues provide a better insight into the history of western Europe in the Middle Ages. Three range outside the Middle Ages and western Europe in considering the idea of the nation, the idea of empire, and the problem of finding a consistent and comprehensible vocabulary for comparative and interdisciplinary history.
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The Murder of Joe White

Ojibwe Leadership and Colonialism in Wisconsin

Author: Erik M. Redix

Publisher: MSU Press

ISBN: 1628950323

Category: History

Page: N.A

View: 8876

In 1894 Wisconsin game wardens Horace Martin and Josiah Hicks were dispatched to arrest Joe White, an Ojibwe ogimaa (chief), for hunting deer out of season and off-reservation. Martin and Hicks found White and made an effort to arrest him. When White showed reluctance to go with the wardens, they started beating him; he attempted to flee, and the wardens shot him in the back, fatally wounding him. Both Martin and Hicks were charged with manslaughter in local county court, and they were tried by an all-white jury. A gripping historical study, The Murder of Joe White contextualizes this event within decades of struggle of White’s community at Rice Lake to resist removal to the Lac Courte Oreilles Reservation, created in 1854 at the Treaty of La Pointe. While many studies portray American colonialism as defined by federal policy, The Murder of Joe White seeks a much broader understanding of colonialism, including the complex role of state and local governments as well as corporations. All of these facets of American colonialism shaped the events that led to the death of Joe White and the struggle of the Ojibwe to resist removal to the reservation.
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Reclaiming the Land

The Resurgence of Rural Movements in Africa, Asia and Latin America

Author: Sam Moyo,Paris Yeros

Publisher: Zed Books Ltd.

ISBN: 1848137656

Category: Political Science

Page: 432

View: 2461

Rural movements have recently emerged to become some of the most important social forces in opposition to neoliberalism. From Brazil and Mexico to Zimbabwe and the Philippines, rural movements of diverse political character, but all sharing the same social basis of dispossessed peasants and unemployed workers, have used land occupations and other tactics to confront the neoliberal state. This volume brings together for the first time across three continents - Africa, Latin America and Asia - an intellectually consistent set of original investigations into this new generation of rural social movements. These country studies seek to identify their social composition, strategies, tactics, and ideologies; to assess their relations with other social actors, including political parties, urban social movements, and international aid agencies and other institutions; and to examine their most common tactic, the land occupation, its origins, pace and patterns, as well as the responses of governments and landowners. At a more fundamental level, this volume explores the ways in which two decades of neoliberal policy - including new land tenure arrangements intended to hasten the commodification of land, and new land uses linked to global markets -- have undermined the social reproduction of the rural labour force and created the conditions for popular resistance. The volume demonstrates the longer-term potential impact of these movements. In economic terms, they raise the possibility of tackling immiseration by means of the redistribution of land and the reorganisation of production on a more efficient and socially responsible basis. And in political terms, breaking the power of landowners and transnational capital with interests in land could ultimately open the way to an alternative pattern of capital accumulation and development.
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The First Marathon

The Legend of Pheidippides

Author: Susan Reynolds

Publisher: Open Road Media

ISBN: 1497678242

Category: Juvenile Fiction

Page: 32

View: 7488

Twenty-five hundred years ago, in ancient Greece, a small band of Greek soldiers faced the mighty Persian army on the plain of Marathon. A runner named Pheidippides ran to neighboring Sparta, one hundred forty miles away, to ask for the Spartans’ aid. Afterwards he sped back to the battle, where he helped defeat the enemy. Then the weary runner did his duty yet once more; he ran from Marathon to Athens to deliver the miraculous news of the Greek victory. The legend of brave Pheidippides has inspired the running of marathons worldwide.
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Analyzing Land Readjustment

Economics, Law, and Collective Action

Author: Yu-hung Hong,Barrie Needham

Publisher: Lincoln Inst of Land Policy

ISBN: 9781558441644

Category: Architecture

Page: 203

View: 8537

In this book, the authors argue for "instigated property exchange"--a concept applied in a land-assembly method commonly known in the literature as land readjustment.
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The Collected Papers of Frederic William Maitland

Author: Frederic William Maitland

Publisher: Cambridge University Press

ISBN: 1107645069

Category: Law

Page: 574

View: 7389

Originally published in 1911, this book forms one of three volumes of the collected papers of legal historian Frederic William Maitland. The texts cover a broad range of areas, with some philosophical and biographical subject matter, but for the most part they relate to the spheres of legal and social history.
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