Correcting the (Cuneiform) Record
I am passionate about language. In eminent domain, as in most areas of law, text is of paramount importance. The foundational texts in eminent domain are the Fifth Amendment to the Constitution of the United States of America, the State Constitution of whichever state a particular piece of land is in (in my practice this usually means the Constitution of Nevada). But underpinning these constitutional guarantees of just compensation when private property is taken for a public use are even older sources of law. Many of the specific constitutional protections Americans (and Nevadans) have in their properties can be traced to the Magna Carta.
The notion of written law setting forth the rights and responsibilities that people have concerning property is older still. Recently, the Nevada Lawyer (the magazine of the Nevada State Bar) published a quick note on the issue of ancient written law. In my defense, I initially sent just two paragraphs to Ms. Cafferata by private email concerning ancient law. She encouraged me to expand on the point… and this massively nerdy missive resulted.
Clicking on the photo will take you to the Nevada Lawyer page, which should be more readable.
