BOOK THIRD.

THE PROPERTY RIGHTS OF A CITIZEN OF THE UNITED STATES:

HOW TO EXERCISE AND HOW TO PRESERVE THEM.

BOOK THIRD.

THE PROPERTY RIGHTS OF A CITIZEN OF THE UNITED STATES.

CHAPTER I.

EMINENT DOMAIN.

In this country all property is held subject to the right of eminent domain. This is the name given in law to the right of the sovereign to take private property for public purposes. This right belongs in this country, first, to the United States; and, secondly, to each State: but the right of each State is confined to property within its boundaries. To this right there are but two limitations, but they are very important. One of these is, that the property must be taken for public purposes; the second is, that full and adequate compensation must be made for the property so taken. Both of these conditions are essential, and only when both exist together can private property be lawfully taken. It follows, therefore, that if there be no public necessity there is no public right; and that if property be taken by the sovereign without such necessity, as there is no public right, land taken by the sovereign, where no such necessity exists, is unlawfully taken, although full and adequate compensation be made. And, on the other hand, if land be taken by the sovereign because of such necessity, and for public purposes, it is unlawfully taken, unless full and adequate compensation be made.

It is not, however, necessary that this compensation should be given at once when the land is taken; it is enough if the law provides the means by which the owner of the land may be sure of obtaining compensation: and it has been well said, that it must be as absolutely certain that the compensation will be adequate, and will be received, as that the land is taken. In all our States there are statutory provisions on the subject, by force of which the value of the property taken is ascertained by commissioners or a jury, under the direction of the court, and payment made.

It should be said, however, that this right to compensation is confined to him whose property is taken, and does not extend to him who is indirectly damaged by the taking or the use of another's property. As, for example, if the legislature of a State, by the exercise of its right of eminent domain, gives to a railroad company the right to take and use certain land for the construction of its road, the owner of the land must be compensated. But if the owner of a mill near by is injured by the diversion of his mill-stream from its former course by what the railroad company does, he cannot demand compensation.

By far the most frequent exercise of the right of eminent domain is by the legislature of a State granting to a road, or railroad, or bridge company, the right to take land for their purposes; these being deemed public purposes, although resulting in profit to individuals.

CHAPTER II.

THE ACQUISITION OF PROPERTY.

Property may be acquired, in either of six ways.

First, by inheritance. This takes place when a man or woman possessed of property dies intestate (or without a will); then the heirs or next of kin take it, in the proportion which the law points out. If it be personal property, - that is to say, not land, or something affixed to the land, they take it through the instrumentality of administration.

Second, by will. When a person possessed of property makes a will, those to whom he devises or bequeaths his property (" devise" being applied to real estate, and "bequeath" to personal estate) take it either from the executor appointed by the will, or, if there be no executor, by an administrator, with the will annexed.

Third, by purchase and sale.

Fourth, by hiring.

Fifth, by gift.

Sixth, by finding.

Each of these will now be considered in its turn.