The Catholic World, Vol. 18, October, 1873, to March, 1874.: A Monthly Magazine of General Literature and ScienceVarious
Religion
The Catholic World, Vol. 18, October, 1873, to March, 1874.: A Monthly Magazine of General Literature and Science
Various
Catholic Church -- Periodicals
Regarding, therefore, church property, or the property of religious
societies, communities, or orders, in the same manner as the private
property of any other corporation or individual, it may with safety be
assumed as a settled and fundamental law that ought to be recognized
by every Christian and civilized state, that it is bound to make just
indemnity and compensation to the citizen or subject, society, or
corporation, or community, for all property taken under the pressure
of state necessity for the public good, convenience, or safety. The
eminent domain of the state should be so exercised as to work no
wrong, to inflict no private injury, without giving to the party
aggrieved ample redress. This doctrine was not engrafted on the public
law to give license to despotic and arbitrary sovereigns. It has its
foundation in the organization of society, and is essential to the
maintenance of public virtue in every government, whether a republic, a
monarchy, or a despotism. It is of the very essence of sovereignty, for
without it a state cannot perform its first and highest duties--those
required by justice and righteousness. Whenever, therefore, from
necessity a state appropriates to public use the private property of
an individual or of a corporation, lay or religious, it is obliged by a
law as imperative as that by which it makes the appropriation, to give
to the party aggrieved redress commensurate with the injury sustained.
Upon any other principle the social compact would work mischief and
wrong. The state might impoverish the citizen it was established to
protect, and trample on those rights of property, security for which
was one of the great objects of its creation.
All the elementary writers of authority sustain these views of the duty
and obligations of states.
Justice requires, says Vattel, that the community or individual be
indemnified at the public charge.
Public-domain text, read in full here on John Shaqi.
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