OC in Florida will bring legal backlash?
Posted 05-12-2011 at 06:08 by RussP
The principals of Private Property Rights are well founded in the establishment of this Country.
Originally Posted by RussP
The basic concept of a property right is relatively simple: A property right gives the owner of an asset the right to the use and beneﬁts of the asset, and the right to exclude others from them. It also, typically, gives the owner the freedom to transfer these rights to others. Roman law referred to these elements as usus
(the right to use), abusus
(the right to encumber or transfer), and fructus
(the right to the fruits). The American jurist Oliver Wendell Holmes put it this way,
But what are the rights of ownership? They are substantially the same as those incident to possession. Within the limits prescribed by policy, the owner is allowed to exercise his natural powers over the subject matter uninterfered with, and is more or less protected in excluding other people from such interference. The owner is allowed to exclude all, and is accountable to no one but him.
Thus, property rights over an asset can be deﬁned as a bundle of decision rights involving the asset (also called entitlements in the legal literature), which provide rights to take certain actions (“rights of access”) and to prevent others from taking certain actions (“rights of exclusion”)...
John Adams said, "The moment that the idea is admitted into society that property is not as sacred as the Laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence. Property must be sacred or liberty cannot exist."
James Madison said [http://press-pubs.uchicago.edu/found...1ch16s23.html]
, "Government is instituted to protect property of every sort..."
William Blackstone, whose legal writings were considered as the final authority in American courts for a century-and-a-half after the adoption of the U. S. Constitution, declared: “So great moreover is the regard of the law for private property that it will not authorize the least violation of it – no, not even for the general good of the whole community” [http://press-pubs.uchicago.edu/found...v1ch16s5.html]
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