| 翻訳と辞書 |
| eminent domain ： ウィキペディア英語版 |
eminent domain
Eminent domain (United States, the Philippines), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption (Hong Kong), resumption/compulsory acquisition (Australia), or expropriation (South Africa, Canada) is the power of a state or a national government to take private property for public use. However, it can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public character.〔(eminent domain ). Retrieved: 10 October 2012.〕
The property may be taken either for government use or by delegation to third parties, who will devote it to public or civic use or, in some cases, to economic development. The most common uses of property taken by eminent domain are for government buildings and other facilities, public utilities, highways, and railroads. However, it may also be taken for reasons of public safety, as in the case of Centralia, Pennsylvania. Some jurisdictions require that the condemnor make an offer to purchase the subject property, before resorting to the use of eminent domain.
==Meaning==
The term "eminent domain" was taken from the legal treatise ''De Jure Belli et Pacis'', written by the Dutch jurist Hugo Grotius in 1625, which used the term ''dominium eminens'' (Latin for ''supreme lordship'') and described the power as follows:
"... The property of subjects is under the eminent domain of the state, so that the state or he who acts for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of others, but for ends of public utility, to which ends those who founded civil society must be supposed to have intended that private ends should give way. But it is to be added that when this is done the state is bound to make good the loss to those who lose their property."
Some U.S. states use the term ''appropriation'' (New York) or "expropriation" (Louisiana) as synonyms for the exercise of eminent domain powers.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「eminent domain」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|