Field Guide to Private Property Rights
(Updated July 2009)
Americans are passionate about their property rights and the right to own property is the cornerstone of the real estate industry. The topic of eminent domain can arouse the ire and fury of many citizens, who take seriously the last clause of the Fifth Amendment which reads: . . . nor shall private property be taken for public use, without just compensation. The infamous 2005 Kelo v New London Eminent Domain case (the U.S. Supreme Court ruled in favor of New London) generated anger and discussion on both sides of this debate. Even the Oval Office weighed in, when on June 23, 2006, President Bush signed an Executive Order [13406] to protect property rights. These articles and books examine property rights, government regulations that affect them, eminent domain and much more. (D. Foligno, Project Specialist)
Property Rights News
A stake in the sand, (New York Times, Mar. 15, 2010).
Columbia gets a lesson in property rights, (Wall Street Journal, Jan. 2, 2010). Q
Property owners get dunked on, (Wall Street Journal, Nov. 28, 2009). Q
City's undue delay in condemning property can constitute inverse condemnation, (Appraisal Journal, Winter 2009). Q
Comparable sales that occur after a taking can be considered in establishing fair value, (Appraisal Journal, Winter 2009). Q
Who Owns the Moon? The Case for Lunar Property Rights, (Popular Mechanics, June 2008).
Property Rights Basics
Issue summary on private property rights, (National Association of REALTORS®, 2007).
Private property rights: A look at its history & future, (Fruit Notes/University of Massachusetts, Dec. 2001).
The Founders' Constitution, Chapter 16-Property, (The University of Chicago, 2000).
“For a man’s house is his castle; for where shall a man be safe, if it be not in his house?” ~ Sir Edward Coke
Eminent Domain
In 1998, 15 residents in New London, CT resisted attempts by the Pfizer Company to purchase their homes (Pfizer had built a new plant and wanted the additional land to sell to commercial developers). The city cited eminent domain and the case went to the Supreme Court. On 6/23/05, the Supreme Court ruled in favor of the City of New London in a 5-4 decision.
Property owners get ‘consolation prize’ on eminent domain reform, (Texas Farm Bureau, June 1, 2009).
Eminent domain challenges the property valuation process, (CCIM, Jan./Feb. 2009).
Eminent domain: A review of the issues, (Journal of Real Estate Literature, 2009). Q
The frontier of eminent domain, Why aren’t Kelo activists also incensed over natural resource development takings?, (Regulation, Summer 2008).
Victimizing the vulnerable – the demographics of eminent domain abuse, (Institute for Justice, June 2007).
Kelo's consequences, (Wall Street Journal, June 23, 2007). Q
Is post-Kelo eminent domain reform bad for the poor?, (Northwestern University School of Law, 2007).
Executive Order: Protecting the Property Rights of the American People, (www.whitehouse.gov, June 23, 2006).
Kelo v. City of New London, (Harvard Law Review, 2006).
Legal & Legislative Issues
The hidden costs of predatory takings, (Realty Times, Feb. 13, 2007).
Playing the takings game: how government regulates away property rights, (The Goldwater Institute, June 13, 2006).
An overview of the U.S. Supreme Court "takings" law, (National Association of REALTORS®--Law and Policy, 1997).
eBooks & Other Resources
Books, Videos, Research Reports & More
The resources below are available for loan through Information Central. Up to three books, tapes, CDs and/or DVDs can be borrowed for 30 days from the Library for a nominal fee of $10. Call Information Central at 800.874.6500 for assistance.
Private property in the 21st century: The future of an American ideal, (Northampton, MA: Edward Elgar Publishing, 2004). KF 562 P755
Land wars: the politics of property and community, (Boulder, CO: Lynne Reiner Publishers, 2003). NAC 1565 F84
Tahoe-Sierra: a takings time warp?, (Zoning and Planning Law Report, June 2002, p. 1, 42-48).
Who owns America?, (Madison, WI: University of Wisconsin Press, 1998). HD 205 W53
Field Guides & More
These Field Guides and other resources in the Virtual Library may also be of interest:
Field Guide to Water Rights & Resources Issues
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