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DOMAIN Definition & Legal Meaning

Definition & Citations:

The complete and absolute ownership of land; a paramount and individualright of property in land. People v. Shearer, 30 Cal. 658. Also the real estate so owned. The inherent sovereign power claimed by the legislature of a state, ofcontrolling private property for public uses, Is termed the “right of eminent domain.”2 Kent, Comm. 339. See EMINENT DOMAIN.A distinction has been made between “property” and “domain.” The former is said tobe that quality which is conceived to be in the thing itself, considered as belonging tosuch or such person, exclusively of all others. By the latter is understood that rightwhich the owner has of disposing of the thing, llence “domain” and “property” are saidto be correlative terms, ‘lite one is the active right to dispose of; the other a passivequality which follows the thing aud places it at the disposition of the owner. 3 Toullier, no. S3.


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