Category: D

Eminent domain

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Sp. In Spanish law. A term corresponding to and derived from the Latindominium, (q. v.) Dominio alto, eminent domain; dominio dirccto, immediateownership; dominio utile, beneficial ownership. Hart v. Burnett, 15 Cal. 556.

Ownership, or right to property. 2 Bl. Comm. 1. Title to an article ofproperty which arises from the power of disposition and the right of claiming it Bilker v.Westcott, 73 Tex. 129, 11 S. W. 157. “The holder has the dominion of the bill.” 8 East, 579.Sovereignty or lordship; as the dominion of the seas. Moll, de Jure Mar. 91, 92.In the civil law, with reference to the title to property which is transferred by a saleof it, dominion is said to he either “proximate” or “remote.” the former being the kind oftitle vesting in the purchaser when he has acquired both the ownership and thepossession of the article, the latter describing the nature of his title when he haslegitimately acquired the ownership of the property but there has been no delivery.Coles v. Perry, 7 Tex. 109.

In the civil and old English law. Ownership; property in the largestsense, including both the right of property and the right of possession or use.The mere right of property, as distinguished from the possession or usufruct. Dig.41, 2, 17, 1; Calvin. The right which a lord bad in the fee of his tenant. In this sensethe word is very clearly distinguished by Bracton from dominienm.The estate of a feotTee to uses. “The feoffees to use shall have the dominium, andthe cestui que use the disposition.” Latch. 137.Sovereignty or dominion. Dominium maris, the sovereignty of the sea.

In the civil law. Strict ownership; that which was founded onstrict law, as distinguished from equity. In later law. Property without use; the right of alandlord. Tayl. Civil Law, 478. In feudal law. Right or proper ownership; the right of asuperior or lord, as distinguished from that of his vassal or tenant. The title or propertywhich the sovereign in England is considered as possessing in all the lands of thekingdom, they being holden either immediately or mediately of him as lordparamount.

The complete and absolute dominion in property; the union of the title and the exclusive use. Fairfax v. Hunter, 7 Cranch, 003.3 L. Ed. 453.

Full ownership; the union of the dominium directum with the dominium utile. Tayl. Civil Law, 478.

In the civil law. Equitable or pnetorian ownership; that which was founded on equity. Mackeld.Rom. Law,

Lat. The owner being willing; with the consent of the owner.