Further Antedating of "Eminent Domain"

[Fred Shapiro]

On Mon, 31 Jan 2005, Baker, John wrote:

>         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.

Probably so.  Here's an earlier, non-Vattel citation:

1783 _Board of American Loyalists.. The case and claim of the American
loyalists impartially stated and considered. Printed by order of their
agents._ 22  All these acts, with many others, are justifiable under the
fundamental law of _eminent domain_, common to all civil societies.

Fred Shapiro


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