Eminent Domain

.
N o t e s
.Eminent Domain comes from as far back as the time of the 'father of history', Herodotus, the Greek historian, 484?-425 B.C.
    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...

Possessing the right of Eminent Domain independently.(as the Provinces in Canada also now do), 12 of the individual sovereign states defined limits on their own powers when drawing up the U.S. Constitution. This then was presented to the individual states for ratification.(voting process, etc., and on into law). All this so necessary in order for.a federal government of their creation.to have the necessary power in matters of national concern. The federal government then is able to also possess the right of Eminent Domain as a sovereign independent state.

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.

The British Empire held its Dominion and Colonies by the exercise of the significant right of Eminent Domain. For example: King James VI of Scotland required Sir William Alexander of Nova Scotia to pay 3 Indian arrowheads yearly as token of the recognition of Britain's supremacy over it; likewise British Columbia paid two per cent of her mined gold and silver, Manitoba, Saskatchewan and Alberta's payment was that of the Hudson's Bay Company "Yielding and Paying Yearly to Us, Our Heirs and Successors for the same, two Elks and two Black Beaver."

These leases expired December 11, 1931 when the Imperial Parliament of the United Kingdom enacted the Statute of Westminster, where she relinquished for all time and all future Parliaments the right of Eminent Domain over each province separately and individually.

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}).

In the Statute of Westminster, December 11, 1931, Britain grants to the Provinces.(not.the 'Dominion of Canada').the exclusive ownership of the land. The sovereign power exercisable by the British Government until 1931 is now exercisable by the Provinces. The Provinces in Canada have not yet reached an agreement whereby the sovereign power arising from the "unrestrained ownership of land" can be transferred to a federal government of their creation....

How important is this power may be gathered from the experience of the United States. Each state, being independent, was reluctant to relinquish all sovereign rights over its lands to a supreme power. The states compromised by enabling a central government to be set up in a small state, the.District of Columbia. They did this by granting land for the District of Columbia, thereby permitting the central government the power to exercise the right of Eminent Domain on behalf of the nation, retaining each severally the right of Eminent Domain over the lands within the boundaries of their own respective states..This power was conferred by the thirteen states which formed the Union, drafted the Constitution and donated the land which is in the District of Columbia.

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.
    What's Canada got?

The United States of America in its constitution assured that no large state such as say California would be able to use its massive population base (majority rule) to override concerns of say, tiny Rhode Island.
 Canada on the other hand has miserably failed in fair treatment because their majority rule equates to no effective say for some provinces, so unlike the US. Advantages for eastern regions in Canada can be perpetuated if the myth of a confederated Canada with central control remaining in Ottawa, Ontario, can be made to continue.

Index of Canadian political history

Eternal Keys site

.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.