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Thread: The Sphere of State

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  1. #1
    This one is good: http://www.stephankinsella.com/2005/...e-as-overlord/

    “The American Revolution clearly ended any tenurial relationship between the English king and American landholders. Some of the original thirteen states adopted the view that the state had succeeded to the position of the English king as ‘lord’ and that tenure continued to exist, while other states enacted statutes or constitutional provisions declaring that land ownership should thenceforth be ‘allodial,’ or otherwise declaring that tenure was abolished.” Cunningham, et al., at 25 (footnotes omitted). However, “In the remaining states it would seem that lands are still held in tenure of the state as overlord.” Moynihan, at 23.
    The first law of society being that the general interest shall be preferred to that of individuals, every individual who possesses under the protection of the laws, any particular property, is tacitly subjected to the obligation of yielding it to the community, wherever it becomes necessary for the general use.
    Last edited by shikamaru; 04-05-11 at 07:04 PM.

  2. #2
    More goodies have I

    From the book, Land Tenure by Registration

    Nevertheless the nation, as a collective body, cannot by natural law ever lose its inherent right of ownership in all land lying within its boundaries. The laws of the United Kingdom do not recognise any private right of ownership in land, treating of all titles as though they were held in dependence upon the crown.

    Thus the primary right of ownership in land has always belonged, and always must belong, to the nation; individual rights of ownership can only come by a secondary title.
    Can we say superior title? Radical title?

    Can we say overlord? Lord paramount?
    Last edited by shikamaru; 09-02-11 at 05:09 PM.

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