Article I. On the Species of Right which is Called Dominion

Dominion, taken in general and in a broad sense, signifies any power whatever: sometimes it is used to express especially the power of jurisdiction, and sometimes even the possessed thing itself. But here it is taken in the strict sense for the right of property, and it is usually defined as "the faculty of disposing of some thing as one's own for every use not prohibited by law or agreement." - Cf. Molina, disp. 3, tract. 2. - Lugo, disp. 2, nn. 2 and 3. - Carrière, n. 16.

Dominion is chiefly divided into perfect and imperfect, according as it is the right of disposing both of the thing itself and of its utility, or only of one or the other. - This latter, namely imperfect dominion, is again divided into direct and indirect, which is also called useful, according as it regards only the property of the thing or only its utility.

Here also mention must be made of dominion which they call eminent. This dominion consists in the right which the supreme authority in society has of disposing, sometimes for a most grave cause, of the goods of private persons for the good of the community, e.g., of the field of some citizen for constructing a road. But then just compensation must be given; and concerning this, among us, special provision is made in the Constitution itself; for, Amend. art. 5, at the end, it is said: "Nor shall private property be taken for public use without just compensation." - Hence, since eminent dominion does not confer the right of disposing, but rather the right of buying some thing for the common good, it must be reduced to the power of jurisdiction rather than to the right of property.