DOMINIUM definition

DOMINIUM





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From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  DOMINIUM, empire, domain. It is of three kinds: 1, Directum dominium, or 
  usufructuary dominion; dominium utile, as between landlord and tenant; or, 
  2. It is to full property, and simple property. The former is such as 
  belongs to the cultivator of his own estate; the other is the property of a 
  tenant. 3. Dominion acquired by the law of nations, and dominion acquired by 
  municipal law. By the law of nations, property may be acquired by 


  occupation, by accession, by commixtion, by use or the pernancy of the 
  usufruct, and by tradition or delivery. As to the dominium eminens, the 
  right of the public, in cases of emergency, to seize upon the property of 
  individuals, and convert it to public use, and the right of individuals, in 
  similar cases, to commit a trespass on the persons and properties of others, 
  see the opinion of chief justice McKean in Respublica v. Sparhawk, 1 Dallas, 
  362, and the case of Vanhorn v. Dorrance, 2 Dall. Rep. 304. See, further, as 
  to dominium eminens, or the right of the community to take, at a fair price, 
  the property of individuals for public use, the supplement of 1802 to the 
  Pennsylvania compromising law, respecting the Wyoming controversy; also, 
  Vattel, l. 1, c. 20, Sec. 244-248; Bynkershoek, lib. 2, c. 15; Rousseau's 
  Social Compact, c. 9; Domat; l. 1, tit. 8, Sec. l, p. 381, fol. ed.; the 
  case of a Jew, whom the grand seignior was compelled by the mufti to 
  purchase out, cited in Lindsay et al. v. The Commissioners, 2 Bay. S. Car. 
  Rep. 41. See Eminent domain. 
  
  

















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