Private Property Rights

Overview

What sort of rights do private property owners have? The Fifth Amendment of the U.S. Constitution states that "private property [shall not] be taken for public use, without just compensation." This has been read to imply that the government may take private property if it provides "just compensation." This provision has been used by the government to compel citizens to sell their property in order to clear space to build public roads, parks, or even commercial spaces. But these public benefits come at a cost. ...
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Overview

What sort of rights do private property owners have? The Fifth Amendment of the U.S. Constitution states that "private property [shall not] be taken for public use, without just compensation." This has been read to imply that the government may take private property if it provides "just compensation." This provision has been used by the government to compel citizens to sell their property in order to clear space to build public roads, parks, or even commercial spaces. But these public benefits come at a cost. Now, those who have lost land or the physical or economic use of their land are fighting back. Private Property Rights explore fundamental property issues, such as condemnation, land-use restrictions, zoning, and more.
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Editorial Reviews

Children's Literature - Greg M. Romaneck
Is a person's home truly their castle? Well, if the local, state, or federal government determines that the "public good" overrides individual property rights, a person's home can be condemned. Should property usage be the sole purview of owners? In some instances that view is supportable but what would happen if a smelting plant opened up in your residential area? It is this approach that typifies not only Private Property Rights but also its parent series, "Point/Counterpoint." In this particular book the issue presented by the authors deals with how individual property rights complement and conflict with governmental needs. Issues such as condemnation, zoning and land-use legislation are presented in turn. In each instance arguments for and against opposing views are presented in a thoughtful manner. The end result is a form of literary debate that will help readers to better understand both sides of property rights issues. In addition, the Point/Counterpoint approach hones readers' thought processes and forces them to realize that most issues are far from simple. Reviewer: Greg M. Romaneck
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Product Details

  • ISBN-13: 9780791095201
  • Publisher: Chelsea House Publishers
  • Publication date: 5/28/2007
  • Series: Point/Counterpoint Series
  • Pages: 136
  • Age range: 9 - 12 Years
  • Product dimensions: 6.10 (w) x 9.10 (h) x 0.50 (d)

Table of Contents


Foreword     6
Introduction: Is Your Home Really Your Castle?     10
Point: The Government Abuses Condemnation     24
Counterpoint: Condemnation Promotes the Public Welfare     37
Point: Land-use Restrictions Are Unjust to Property Owners     49
Counterpoint: Land-use Restrictions Are in the Public Interest     61
Point: Zoning Harms Property Owners and Provides Few Benefits to Society     74
Counterpoint: Zoning Promotes Better Communities     86
Conclusion: The Future of Private Property Rights     102
Notes     118
Resources     122
Elements of the Argument     124
Beginning Legal Research     127
Index     131
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