COLUMN: Property Rights are Essential to Maintain Liberty
Our republic was formed to protect the individual rights of its citizens. The Declaration of Independence teaches that mankind is “endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. – That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed …” One of these unalienable rights our government was instituted to protect is the right to own and control property.
The Fifth Amendment clearly protects this essential right, stating, “nor shall any person … be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
Unfortunately, it is becoming all too common for national, state and local governments to infringe upon the very right to property they were created to protect.
This assault on private property has come in many forms. One front of this attack is the redistribution of wealth by the government. Politicians seem all too eager to take property from one portion of society, by way of taxation, and to distribute that property to others, in order to gain more votes. James Madison strongly condemned this practice when he declared, “That is not a just government, nor is property secure under it, where the property which a man has in his personal safety and personal liberty, is violated by arbitrary seizures of one class of citizens for the service of the rest.”
A classic example of the disregard for property rights is the situation that led up to the Kelo vs. the City of New London case heard by the Supreme court in 2005. The city of New London, Conn., had decided to confiscate private property from Suzette Kelo and turn it over to a private developer. A dangerous precedent was set when the Supreme Court found this action to be constitutional. This could lead to much greater abuses of eminent domain in the future.
Another aspect of property rights that has been infringed upon by the government is the right to control one’s own property. In this regard, property rights are also often violated with the intent of protecting the environment. There is an ever-increasing list of restrictions, ordinances and regulations that dictate how individuals may and may not use their property. One example of this is occurring in Salt Lake City. Currently, the city council is preparing to implement ordinances that would greatly restrict the property rights of individuals. The city is planning to implement a corridor of 100 feet from the high-water mark of rivers, streams and other bodies of water. This ordinance places strict guidelines as to what property owners may or may not do in this corridor zone.
The disregard for property rights is a dangerous trend. It is important for everyone – government officials and citizens alike – to remember that one of the purposes of government is to protect this essential right. We would do well to remember the warning of President John Adams, who declared, “The moment 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 secured, or liberty cannot exist.”
Colby Lyons is a senior majoring in law and constitutional studies. Comments can be sent to him at c.lyons@aggiemail.usu.edu