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EXPROPRIATION Definition & Legal Meaning

Definition & Citations:

This word properly denotes a voluntary surrender of rights orclaims; the act of divesting oneself of that which was previously claimed as one’s own,or renouncing it. In this sense it is the opposite of “appropriation.” But a meaning hasbeen attached to the term, imported from its use in foreign jurisprudence, which makesit synonymous with the exercise of the power of eminent domain, i. e., the compulsorytaking from a person, on compensation made, of his private property for the use of arailroad, canal, or other public work.In French law. Expropriation is the compulsory realization of a debt by the creditorout of the lands of his debtor, or the usufruct thereof. When the debtor is co- tenantwith others, it is necessary that a partition should first be made. It Is confined. in thefirst place, to the lands (if any) that are in hypotheque, but afterwards extends to thelands not in hypnthdque. Moreover, the debt must be of a liquidated amount. Brown.


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