[Marxism] "Law of eminent domain"?? (was: Columbia expansion)
lnp3 at panix.com
Sat Apr 29 07:01:00 MDT 2006
At 01:56 AM 4/29/2006, you wrote:
>On Fri, 28 Apr 2006 15:58:30 -0400, Louis Proyect wrote:
> > one suggested Harlem is short on space, needs to expand.
> > Let's take Columbia s South Lawn by eminent domain.
> > Last April a document was uncovered that detailed the university's
> > spend $300,000 on a consulting project to determine whether the law of
> > eminent domain could be applied to the Manhattanville land grab.
> What does that mean?
Eminent domain (US), compulsory purchase (United Kingdom, New Zealand),
compulsory acquisition (Australia) or expropriation (Canada, South Africa)
in common law legal systems is the lawful power of the state to expropriate
private property without the owner's consent, either for its own use or on
behalf of a third party. The term eminent domain is used primarily in the
United States, where the term was derived in the mid-19th century from a
legal treatise written by the Dutch jurist Hugo Grotius in 1625. The term
compulsory purchase, also originating in the mid-19th Century, is used
primarily in England and Wales, and other jurisdictions that follow the
principles of English law. Originally, the power of eminent domain was
assumed to arise from natural law as an inherent power of the sovereign.
Governments most commonly use the power of eminent domain when the
acquisition of real property is necessary for the completion of a public
project such as a road, and the owner of the required property is unwilling
to negotiate a price for its sale. In many jurisdictions the power of
eminent domain is tempered with a right that just compensation be made for
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