It signifies sometimes, dominion, territory governed sometimes, possession, estate and sometimes, land about the mansion house of a lord. By domain is also understood the right to dispose at our pleasure of what belongs to us. 2. A distinction, has been made between property and domain. The former is said to be that quality which is conceived to be in the thing itself, considered as belonging to such or such person, exclusively of all others. By the latter is understood that right which the owner has of disposing of the thing. Hence domain and property are said to be correlative terms; the one is the active right to dispose, the other a passive quality which follows the thing, and places it at the disposition of the owner. 3 Toull. n. 8 3. But this distinction is too subtle for practical use. Puff. Droit de la Nature et des Gens, loi 4, c. 4, Section 2. Vide 1 B1. Com. 105, 106; 1 Bouv. Inst. n. 456; Clef des Lois Rom. h. t.; Domat, h. t.; 1 Hill. Ab. 24; 2 Hill. Ab. 237; and Demesne as Of fee; Property; Things.
Law Dictionary – Alternative Legal Definition
The complete and absolute ownership of land; a paramount and individual right of property in land. People v. Shearer, 30 Cal. 658. Also the real estate so owned. The inherent sovereign power claimed by the legislature of a state, of controlling private property for public uses, is termed the “right of eminent domain.” 2 Kent, Comm. 339. See Eminent Domain. A distinction has been made between “property” and “domain.” The former is said to be that quality which is conceived to be in the thing itself, considered as belonging to such or such person, exclusively of all others. By the latter is understood that right which the owner has of disposing of the thing. Hence “domain” and “property” are said to be correlative terms. The one is the active right to dispose of; the other a passive quality which follows the thing and places it at the disposition of the owner. 3 Toullier, no. 83. National domain. A term sometimes applied to the aggregate of the property owned directly by a nation. Civ. Code La. 1900, art. 486. Public domain. This term embraces all lands, the title to which is in the United States, including as well land occupied for the purposes of federal buildings, arsenals, dock yards, etc., as land of an agricultural or mineral character not yet granted to private owners.