The word 'history' is the Greek word for 'inquiry'. Herodotus tells us that the kingdoms conquered by the Persians were required to bring to the courts of Darius every year, a jar of earth and a jar of water. Not because of the intrinsic value of the earth or water, but as a token that Darius owned the earth and Darius owned the water, and that hereafter, by these tokens, they indicate that they are governed by the law of the Persians. The British Empire held its Dominion and Colonies by the exercise of this important right, as you will see below in the text on the right. |
Eminent
Domain.is that.the
people own the land and as such are independent of all action from
without,
paramount
over all action within.
James Cacroft.in his Encyclopedia of English and American Law states it."The right to exercise the power of Eminent Domain is inherent in sovereignty, necessary to it and inseparable from it. From the very nature of society and organized government, this right must belong to the State..(and the State gets it from the people in a constitution the people design and ratify, and, there are other ways) "It is as part of the Sovereign power of any nation. It exists independent of constitutional recognition and it existed prior to constitutions. It lies dormant in the State until legislative action is pointing out the occasion, the modes and the agencies for its exercise". |
The United States, Australia,
South Africa, and other properly created nations, comply with this
fundamental law of Eminent Domain, and.set
up proper central governments by granting the power to exercise Eminent
Domain on behalf of the nation to their newly formed Federal Governments.
This has never occurred in Canada. And the constitution of the United States
of America is seriously
in question as well.
Individual States in the US, agreed that land for a small state called the District of Columbia be set aside, at the same time each state retaining severally the right of Eminent Domain over the lands within the boundaries of their own individual states. Without this right, any government cannot legally enforce a law and are in the same status as the Gypsies, as is the case in Canada. Eminent domain being an inherent and necessary attribute of sovereignty, is superior to all private property rights. It is applied widely in the United States where each state has this power. In turn, the right of Eminent Domain is commonly delegated by the individual states to local administrative bodies such as city governments for the purpose of making public improvements. A separate enactment by the state legislature is required for each exercise of the delegated power by a local government. The States delegated the
power of Eminent Domain so that a legal federal government could be created
in Washington, D.C...
The separate American states in the Articles of Confederation had set it up so that the fed.cannot encroach upon the Eminent Domain sovereign rights of the states that created her. But the framers of what has become what we know today as the US Constitution had their own self-serving ways to con the people. Most individual state constitutions specifically give the state the right of Eminent Domain to, for example, acquire land for public projects. The original US Constitution is a good system of checks and balances, one which other countries can use as an example as they come out from under oppressive governments, and one the US could still use if they ever properly set up a constitution truly representative of the men and women of the nation, and properly ratified (much consideration over many years of debate and modification - complete involvement by all who want involved in the process) by them. But back to Eminent Domain: By empowering the central
government to exercise the right of Eminent Domain, the United States was
therefore enabled to purchase Alaska from Russia March 30, 1867, to take
over the Hawaiian Islands, Cuba, the Philippines and the Panama Canal.
Without this power the Federal Government of the United States could not
sign a treaty that would be accepted by the Governments of other sovereign
countries.
Prior to 1931,.Britain
owned the land.and leased it to
the Provinces (individually within what was organized under a Governor
General and the BNA Act, and called the Dominion of Canada {the collective
Provinces}).
Mexico City is the.federal
district.of Mexico, Rio de Janeiro
of Brazil, Santiago of Chili, and Buenos Aires of Argentina; Venezuela
has the Federal District of Caracas.
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