Antedating of "Eminent Domain"

[Baker, John]

        Nice work, Fred.  This may be the origin of the term.  But wasn't The Law of Nations published in 1758?  "Eminent domain" must have been in it before 1805, because there are cases from 1796 that discuss eminent domain and cite Vattel.

John Baker


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From: American Dialect Society [mailto:ADS-L at LISTSERV.UGA.EDU]On Behalf
Of Fred Shapiro
Sent: Sunday, January 30, 2005 9:11 AM
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Subject: Antedating of "Eminent Domain"


eminent domain (OED 1850)

1805 Emer de Vattel _The Law of Nations_ 173 (Making of Modern Law)  The
right which belonged to the society or to the sovereign, of disposing, in
case of necessity and for the public safety, of all the wealth contained
in the state is called the _eminent domain_. ... If the nation disposes of
the _public property_, in virtue of his eminent domain, the alienation is
valid, as having been made with a sufficient power.


Fred Shapiro